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General Assembly Substitute Bill No. 901
January Session, 2023
AN ACT CONCERNING A REGISTRY OF PERSONS CONVICTED OF
FINANCIAL CRIMES AGAINST ELDERLY PERSONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) For purposes of this section 1
and sections 2 to 4, inclusive, of this act, (1) "convicted" and "found not 2
guilty by reason of mental disease or defect" have the same meanings 3
as provided in section 54-280 of the general statutes, (2) "elderly 4
person" means a person sixty years of age or older, (3) "financial crime 5
against an elderly person" means a crime involving an elderly person 6
as a victim prosecuted under subdivision (4) of subsection (a) of 7
section 53a-123 or section 53a-125c, 53a-125d, 53a-125e, 53a-129b or 8
53a-129c of the general statutes, provided the court makes a finding 9
that, at the time the offense was committed, the victim was sixty years 10
of age or older, and (4) "registrant" means a person required to register 11
pursuant to sections 3 and 4 of this act. 12
Sec. 2. (NEW) (Effective from passage) (a) The Department of 13
Emergency Services and Public Protection shall, not later than July 1, 14
2024, establish and maintain a registry of all persons required to 15
register under sections 3 and 4 of this act. The department shall, in 16
cooperation with the Office of the Chief Court Administrator, the 17
Department of Correction and the Psychiatric Security Review Board, 18
develop appropriate forms for use by persons to report registration 19 Substitute Bill No. 901
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information, including changes of address. Upon receipt of registration 20
information, the department shall enter the information into the 21
registry and notify the local police department or state police troop 22
having jurisdiction where the registrant resides or plans to reside. 23
(b) Upon receiving notification pursuant to section 3 of this act that 24
a registrant has changed his or her address within the state, the 25
Department of Emergency Services and Public Protection shall enter 26
the information into the registry and notify the local police 27
departments or state police troops having jurisdiction where the 28
registrant previously resided and the jurisdiction to which the 29
registrant has relocated. The Commissioner of Emergency Services and 30
Public Protection shall ensure that the name and residential address of 31
each registrant is available through the Connecticut on-line law 32
enforcement communications teleprocessing system. If a registrant 33
reports a residence in another state, the department may notify the 34
state police agency of that state or such other agency in that state that 35
maintains registry information, if known. 36
(c) The Department of Emergency Services and Public Protection 37
may suspend the registration of any person registered under sections 3 38
and 4 of this act while such person is incarcerated, under civil 39
commitment or residing outside this state. During the period that such 40
registration is under suspension, the department may withdraw the 41
registration information. Upon the release of the registrant from 42
incarceration or civil commitment or resumption of residency in this 43
state by the registrant, the department shall reinstate the registration 44
and redistribute the registration information in accordance with 45
subsection (b) of this section. Suspension of registration shall not affect 46
the date of expiration of the registration obligation of the registrant 47
under section 3 of this act. 48
(d) Whenever the Commissioner of Emergency Services and Public 49
Protection receives notice from a superior court pursuant to section 52-50
11 of the general statutes, as amended by this act, or a probate court 51
pursuant to section 45a-99 of the general statutes, as amended by this 52 Substitute Bill No. 901
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act, that such court has ordered the change of name of a person, and 53
the department determines that such person is listed in the registry, 54
the department shall revise such person's registration information 55
accordingly. 56
(e) The Commissioner of Emergency Services and Public Protection 57
shall develop a protocol for the notification of other state agencies, the 58
Judicial Department and the applicable local police department or state 59
police troop whenever a person listed in the registry changes such 60
person's name and notifies the commissioner of the new name 61
pursuant to section 3 of this act or whenever the commissioner 62
determines pursuant to subsection (d) of this section that a person 63
listed in the registry has changed such person's name. 64
(f) The information in the registry shall be a public record or file for 65
the purposes of section 1-200 of the general statutes. 66
(g) Not later than two business days after entering the information 67
of a new offender in the registry, the Commissioner of Emergency 68
Services and Public Protection shall send the registry information to 69
the Commissioner of Public Health for inclusion in a searchable 70
database established pursuant to section 19a-491c of the general 71
statutes, as amended by this act, for persons seeking to hire individuals 72
for positions assisting elderly persons. 73
Sec. 3. (NEW) (Effective from passage) (a) (1) Any person who has 74
been convicted or found not guilty by reason of mental disease or 75
defect of a financial crime against an elderly person and is released 76
into the community on or after July 1, 2024, shall, within fourteen 77
calendar days following such release or, if such person is in the 78
custody of the Commissioner of Correction, at such time prior to 79
release as the Commissioner of Correction shall direct, whether or not 80
such person's place of residence is in this state, register in accordance 81
with section 4 of this section. A registrant shall maintain such 82
registration for five years from the initial date of registration. 83 Substitute Bill No. 901
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(2) Prior to accepting a plea of guilty or nolo contendere from a 84
person with respect to a financial crime against an elderly person, a 85
court shall (A) inform the person that the entry of a finding of guilty 86
after acceptance of the plea will subject the person to the registration 87
requirements of this section, and (B) determine that the person fully 88
understands the consequences of the plea. 89
(3) If any person who is subject to registration under this section 90
changes such person's name, such person shall notify the 91
Commissioner of Emergency Services and Public Protection in writing 92
of the new name. If any person who is subject to registration under this 93
section changes such person's address, such person shall notify the 94
Commissioner of Emergency Services and Public Protection in writing 95
of the new address. During such period of registration, each registrant 96
shall complete and return any forms mailed to such registrant to verify 97
such registrant's residential address and shall submit to the retaking of 98
a photographic image upon request of the Commissioner of 99
Emergency Services and Public Protection. 100
(b) Any person required to register under this section shall, not later 101
than twenty calendar days after each anniversary date of such initial 102
registration, until the date such registration requirement expires under 103
subdivision (1) of subsection (a) of this section, personally appear at 104
the local police department or state police troop having jurisdiction 105
where the registrant resides to verify and update, as appropriate, the 106
contents of his or her registration. The local police department or state 107
police troop, as the case may be, may defer such requirement to 108
personally appear to a later date for good cause shown. Not later than 109
thirty calendar days prior to such anniversary date, the Department of 110
Emergency Services and Public Protection shall mail written notice of 111
the personal appearance requirement of this subsection to the 112
registrant and the local police department or state police troop having 113
jurisdiction where the registrant resides. Not later than thirty calendar 114
days after the anniversary date of each registrant, the local police 115
department or state police troop having jurisdiction where the 116 Substitute Bill No. 901
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registrant resides shall notify the Commissioner of Emergency Services 117
and Public Protection, on such form as the commissioner may 118
prescribe, (1) whether the registrant complied with the personal 119
appearance requirement of this subsection or whether such personal 120
appearance requirement was deferred to a later date for good cause 121
shown, and (2) if the personal appearance requirement was deferred to 122
a later date for good cause shown, the later date established for such 123
personal appearance and a description of the good cause shown. 124
(c) Any person subject to registration under this section who 125
violates any provisions of subsection (a) or (b) of this section, except a 126
violation consisting of failure to notify the Commissioner of 127
Emergency Services and Public Protection of a change of name or 128
address, shall be guilty of a class D felony. Any person who is subject 129
to registration under this section who fails to notify the Commissioner 130
of Emergency Services and Public Protection of a change of name or 131
address not later than five business days after such change of name or 132
address shall be guilty of a class D felony. 133
Sec. 4. (NEW) (Effective from passage) (a) The registration information 134
for each registrant required to register under section 3 of this act shall 135
include: 136
(1) The registrant's name, including any other name by which the 137
offender has been legally known, and any aliases used by the 138
registrant; 139
(2) Identifying information, including, but not limited to, a physical 140
description of the registrant; 141
(3) The current residential address and electronic mail address of 142
the registrant; 143
(4) The date of conviction of the offense; 144
(5) A description of the offense; and 145 Substitute Bill No. 901
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(6) If the registrant was sentenced to a term of incarceration for such 146
offense, a portion of which was not suspended, the date the registrant 147
was released from such incarceration. 148
(b) The registrant shall sign and date the registration. 149
(c) At the time that the registrant appears for the purpose of 150
registering, the Department of Emergency Services and Public 151
Protection shall photograph the registrant and arrange for the 152
fingerprinting of the registrant and include such photograph and a 153
complete set of fingerprints in the registry. 154
(d) The Department of Emergency Services and Public Protection 155
may require the registrant to provide documentation to verify the 156
contents of the registration. 157
Sec. 5. Section 19a-491c of the general statutes is repealed and the 158
following is substituted in lieu thereof (Effective from passage): 159
(a) As used in this section: 160
(1) "Criminal history and patient abuse background search" or 161
"background search" means (A) a review of the registry of nurse's 162
aides maintained by the Department of Public Health pursuant to 163
section 20-102bb, (B) checks of state and national criminal history 164
records conducted in accordance with section 29-17a, (C) on and after 165
July 1, 2024, a review of the registry established under section 2 of this 166
act, and [(C)] (D) a review of any other registry specified by the 167
Department of Public Health which the department deems necessary 168
for the administration of a background search program. 169
(2) "Direct access" means physical access to a patient or resident of a 170
long-term care facility that affords an individual with the opportunity 171
to commit abuse or neglect against or misappropriate the property of a 172
patient or resident. 173
(3) "Disqualifying offense" means a conviction of (A) any crime 174 Substitute Bill No. 901
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described in 42 USC 1320a-7(a)(1), (2), (3) or (4), (B) a substantiated 175
finding of neglect, abuse or misappropriation of property by a state or 176
federal agency pursuant to an investigation conducted in accordance 177
with 42 USC 1395i-3(g)(1)(C) or 42 USC 1396r(g)(1)(C), or (C) a 178
conviction of a financial crime against an elderly person as defined in 179
section 1 of this act or any crime described in section 53a-59a, 53a-60b, 180
53a-60c, 53a-61a, 53a-321, 53a-322 or 53a-323. 181
(4) "Long-term care facility" means any facility, agency or provider 182
that is a nursing home, as defined in section 19a-521, a residential care 183
home, as defined in section 19a-521, a home health care agency, 184
hospice agency or home health aide agency, as defined in section 19a-185
490, an assisted living services agency, as defined in section 19a-490, an 186
intermediate care facility for individuals with intellectual disabilities, 187
as defined in 42 USC 1396d(d), except any such facility operated by a 188
Department of Developmental Serv ices' program subject to 189
background checks pursuant to section 17a-227a, a chronic disease 190
hospital, as defined in section 19a-490, or an agency providing hospice 191
care which is licensed to provide such care by the Department of 192
Public Health or certified to provide such care pursuant to 42 USC 193
1395x. 194
(b) The Department of Public Health shall create and implement a 195
criminal history and patient abuse background search program, within 196
available appropriations, in order to facilitate the performance, 197
processing and analysis of the criminal history and patient abuse 198
background search of individuals who have direct access. 199
(c) (1) Except as provided in subdivision (2) of this subsection, each 200
long-term care facility, prior to extending an offer of employment to, or 201
entering into a contract for, the provision of long-term care services 202
with any individual who will have direct access, or prior to allowing 203
any individual to begin volunteering at such long-term care facility 204
when the long-term care facility reasonably expects such volunteer will 205
regularly perform duties that are substantially similar to those of an 206
employee with direct access, shall require that such individual submit 207 Substitute Bill No. 901
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to a background search. The Department of Public Health shall 208
prescribe the manner by which (A) long-term care facilities perform 209
the review of (i) the registry of nurse's aides maintained by the 210
department pursuant to section 20-102bb, and (ii) any other registry 211
specified by the department, including requiring long-term care 212
facilities to report the results of such review to the department, and (B) 213
individuals submit to state and national criminal history records 214
checks, including requiring the Department of Emergency Services and 215
Public Protection to report the results of such checks to the Department 216
of Public Health. 217
(2) No long-term care facility shall be required to comply with the 218
provisions of this subsection if (A) the individual provides evidence to 219
the long-term care facility that such individual submitted to a 220
background search conducted pursuant to subdivision (1) of this 221
subsection not more than three years immediately preceding the date 222
such individual applies for employment, seeks to enter into a contract 223
or begins volunteering with the long-term care facility and that the 224
prior background search confirmed that the individual did not have a 225
disqualifying offense, or (B) the commissioner determines the need to 226
temporarily suspend the requirements of this subsection in the event 227
of an emergency or significant disruption. The commissioner shall 228
inform the long-term care facility when the commissioner has 229
suspended the requirements of this subsection pursuant to 230
subparagraph (B) of this subdivision and when such suspension is 231
rescinded. 232
(d) (1) The Department of Public Health shall review all reports 233
provided to the department pursuant to subsection (c) of this section. If 234
any such report contains evidence indicating that an individual has a 235
disqualifying offense, the department shall provide notice to the 236
individual and the long-term care facility indicating the disqualifying 237
offense and providing the individual with the opportunity to file a 238
request for a waiver pursuant to subdivisions (2) and (3) of this 239
subsection. 240 Substitute Bill No. 901
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(2) An individual may file a written request for a waiver with the 241
department not later than thirty days after the date the department 242
mails notice to the individual pursuant to subdivision (1) of this 243
subsection. The department shall mail a written determination 244
indicating whether the department shall grant a waiver pursuant to 245
subdivision (3) of this subsection not later than fifteen business days 246
after the department receives the written request from the individual, 247
except that said time period shall not apply to any request for a waiver 248
in which an individual challenges the accuracy of the information 249
obtained from the background search. 250
(3) The department may grant a waiver from the provisions of 251
subsection (e) of this section to an individual who identifies mitigating 252
circumstances surrounding the disqualifying offense, including (A) 253
inaccuracy in the information obtained from the background search, 254
(B) lack of a relationship between the disqualifying offense and the 255
position for which the individual has applied, (C) evidence that the 256
individual has pursued or achieved rehabilitation with regard to the 257
disqualifying offense, or (D) that substantial time has elapsed since 258
committing the disqualifying offense. The department and its 259
employees shall be immune from liability, civil or criminal, that might 260
otherwise be incurred or imposed, for good faith conduct in granting 261
waivers pursuant to this subdivision. 262
(4) After completing a review pursuant to subdivision (1) of this 263
subsection, the department shall notify in writing the long-term care 264
facility to which the individual has applied for employment or with 265
which the individual seeks to enter into a contract or volunteer (A) of 266
any disqualifying offense and any information the individual provided 267
to the department regarding mitigating circumstances surrounding 268
such offense, or of the lack of a disqualifying offense, and (B) whether 269
the department granted a waiver pursuant to subdivision (3) of this 270
subsection. 271
(e) Notwithstanding the provisions of section 46a-80, no long-term 272
care facility shall employ an individual required to submit to a 273 Substitute Bill No. 901
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background search, contract with any such individual to provide long-274
term care services or allow such individual to volunteer if the long-275
term care facility receives notice from the department that the 276
individual has a disqualifying offense in the individual's background 277
search and the department has not granted a waiver pursuant to 278
subdivision (3) of subsection (d) of this section. A long-term care 279
facility may, but is not obligated to, employ, enter into a contract with 280
or allow to volunteer an individual who was granted a waiver 281
pursuant to said subdivision (3). 282
(f) (1) Except as provided in subdivision (2) of this subsection, a 283
long-term care facility shall not employ, enter into a contract with or 284
allow to volunteer any individual required to submit to a background 285
search until the long-term care facility receives notice from the 286
Department of Public Health pursuant to subdivision (4) of subsection 287
(d) of this section. 288
(2) A long-term care facility may employ, enter into a contract with 289
or allow to volunteer an individual required to submit to a background 290
search on a conditional basis before the long-term care facility receives 291
notice from the department that such individual does not have a 292
disqualifying offense, provided: (A) The employment or contractual or 293
volunteer period on a conditional basis shall last not more than sixty 294
days, except the sixty-day time period may be extended by the 295
department to allow for the filing and consideration of written request 296
for a waiver of a disqualifying offense filed by an individual pursuant 297
to subsection (d) of this section, (B) the long-term care facility has 298
begun the review required under subsection (c) of this section and the 299
individual has submitted to checks pursuant to subsection (c) of this 300
section, (C) the individual is subject to direct, on-site supervision 301
during the course of such conditional employment or contractual or 302
volunteer period, and (D) the individual, in a signed statement (i) 303
affirms that the individual has not committed a disqualifying offense, 304
and (ii) acknowledges that a disqualifying offense reported in the 305
background search required by subsection (c) of this section shall 306 Substitute Bill No. 901
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constitute good cause for termination and a long-term care facility may 307
terminate the individual if a disqualifying offense is reported in said 308
background search. 309
(g) [Records] Except as provided in subsection (i) of this section, 310
records and information with respect to any individual that are 311
obtained by the department pursuant to this section shall not be 312
subject to disclosure under section 1-210. 313
(h) On and after July 1, 2024, the Department of Public Health shall 314
include in the background search program the names, last-known 315
addresses and information on the offenses of persons who have 316
registered with the Commissioner of Emergency Services and Public 317
Protection pursuant to sections 3 and 4 of this act. 318
(i) On and after August 1, 2024, the Department of Public Health 319
shall include on the department's Internet web site a link to the 320
background search program that allows the public to search the 321
program by name of a person. The listing will show such person's last-322
known address, convictions or other disciplinary actions taken and a 323
general description of offenses committed by the person. 324
[(h)] (j) The department shall adopt regulations, in accordance with 325
the provisions of chapter 54, to implement the provisions of this 326
section. The department may implement policies and procedures 327
consistent with the provisions of this section while in the process of 328
adopting such policies and procedures as regulation, provided notice 329
of intention to adopt regulations is [printed in the Connecticut Law 330
Journal] posted on the eRegulations System not later than twenty days 331
after the date of implementation. Such policies and procedures shall be 332
valid until the time final regulations are effective. 333
Sec. 6. Section 45a-99 of the general statutes is repealed and the 334
following is substituted in lieu thereof (Effective from passage): 335
(a) The courts of probate shall have concurrent jurisdiction with the 336
Superior Court, as provided in section 52-11, as amended by this act, to 337 Substitute Bill No. 901
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grant a change of name, except a change of name granted in 338
accordance with subsection (a) of section 46b-63, except that no court 339
of probate may issue an order or otherwise allow for the change of 340
name of a person who is required to register with the Commissioner of 341
Emergency Services and Public Protection as a sexual offender, [or] as 342
an offender convicted of committing a crime with a deadly weapon or 343
as an offender convicted of committing a financial crime against an 344
elderly person as defined in section 1 of this act unless such person 345
complies with the requirements of subdivision (1) of subsection (b) of 346
this section. 347
(b) (1) Any person who is required to register with the 348
Commissioner of Emergency Services and Public Protection as a sexual 349
offender, [or] as an offender convicted of committing a crime with a 350
deadly weapon or as an offender convicted of committing a financial 351
crime against an elderly person who files an application with the Court 352
of Probate for a change of name shall (A) prior to filing such 353
application, notify the Commissioner of Emergency Services and 354
Public Protection, on such form as the commissioner may prescribe, 355
that the person intends to file an application for a change of name, 356
indicating the change of name sought, and (B) include with such 357
application a sworn statement that such change of name is not being 358
sought for the purpose of avoiding the legal consequences of a 359
criminal conviction, including, but not limited to, a criminal conviction 360
that requires such person to register as a sexual offender, [or] as an 361
offender convicted of committing a crime with a deadly weapon or as 362
an offender convicted of committing a financial crime against an 363
elderly person. 364
(2) The Commissioner of Emergency Services and Public Protection 365
shall have standing to challenge such person's application for a change 366
of name in the court of probate where such change of name is sought. 367
The commissioner shall challenge the change of name through the 368
Attorney General. The court of probate may deny such person's 369
application for a change of name if the court finds, by a preponderance 370 Substitute Bill No. 901
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of the evidence, that the person is applying for such change of name 371
for the purpose of avoiding the legal consequences of a criminal 372
conviction. 373
(c) Whenever the court, pursuant to this section, orders a change of 374
name of a person, the court shall notify the Commissioner of 375
Emergency Services and Public Protection of the issuance of such order 376
if the court finds that such person is listed in the registry established 377
and maintained pursuant to section 54-257, [or] in the registry 378
established and maintained pursuant to section 54-280 or, on and after 379
July 1, 2024, in the registry established and maintained pursuant to 380
section 2 of this act. 381
Sec. 7. Section 52-11 of the general statutes is repealed and the 382
following is substituted in lieu thereof (Effective from passage): 383
(a) The superior court in each judicial district shall have jurisdiction 384
of complaints praying for a change of name, brought by any person 385
residing in the judicial district, and may change the name of the 386
complainant, who shall thereafter be known by the name prescribed by 387
said court in its decree, except that no superior court may issue an 388
order or otherwise allow for the change of name of a person who is 389
required to register with the Commissioner of Emergency Services and 390
Public Protection as a sexual offender, [or] as an offender convicted of 391
committing a crime with a deadly weapon or as an offender convicted 392
of committing a financial crime against an elderly person as defined in 393
section 1 of this act unless such person complies with the requirements 394
of subdivision (1) of subsection (b) of this section. 395
(b) (1) Any person who is required to register with the 396
Commissioner of Emergency Services and Public Protection as a sexual 397
offender, [or] as an offender convicted of committing a crime with a 398
deadly weapon or as an offender convicted of committing a financial 399
crime against an elderly person who files an application with the 400
[Superior Court] superior court for a change of name shall (A) prior to 401
filing such application, notify the Commissioner of Emergency 402 Substitute Bill No. 901
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Services and Public Protection, on such form as the commissioner may 403
prescribe, that the person intends to file an application for a change of 404
name, indicating the change of name sought, and (B) include with such 405
application a sworn statement that such change of name is not being 406
sought for the purpose of avoiding the legal consequences of a 407
criminal conviction, including, but not limited to, a criminal conviction 408
that requires such person to register as a sexual offender, [or] as an 409
offender convicted of committing a crime with a deadly weapon or as 410
an offender convicted of committing a financial crime against an 411
elderly person. 412
(2) The Commissioner of Emergency Services and Public Protection 413
shall have standing to challenge such person's application for a change 414
of name in the superior court where such change of name is sought. 415
The commissioner shall challenge the change of name through the 416
Attorney General. The superior court may deny such person's 417
application for a change of name if the court finds, by a preponderance 418
of the evidence, that the person is applying for such change of name 419
for the purpose of avoiding the legal consequences of a criminal 420
conviction. 421
(c) Whenever the court, pursuant to this section, orders a change of 422
name of a person, the clerk of the court shall notify the Commissioner 423
of Emergency Services and Public Protection of the issuance of such 424
order if the clerk finds that such person is listed in the registry 425
established and maintained pursuant to section 54-257, [or] in the 426
registry established and maintained pursuant to section 54-280 or, on 427
and after July 1, 2024, in the registry established and maintained 428
pursuant to section 2 of this act. 429
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 from passage New section Substitute Bill No. 901
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Sec. 4 from passage New section
Sec. 5 from passage 19a-491c
Sec. 6 from passage 45a-99
Sec. 7 from passage 52-11
AGE Joint Favorable Subst.