Connecticut 2023 Regular Session

Connecticut Senate Bill SB00969 Compare Versions

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	7	+	General Assembly Substitute Bill No. 969
	8	+	January Session, 2023
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4		-	Substitute Senate Bill No. 969
5		-
6		-	Public Act No. 23-193
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8	13
9	14		AN ACT CONCERNING VERIFICATION OF THE RESIDENTIAL
10	15		ADDRESS OF A REGISTERED SEX OFFENDER.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Section 54-257 of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2023):
16		-	(a) The Department of Emergency Services and Public Protection
17		-	shall, not later than January 1, 1999, establish and maintain a registry of
18		-	all persons required to register under sections 54-251, 54-252, 54-253 and
19		-	54-254. The department shall, in cooperation with the Office of the Chief
20		-	Court Administrator, the Department of Correction and the Psychiatric
21		-	Security Review Board, develop appropriate forms for use by agencies
22		-	and individuals to report registration information, including changes of
23		-	residence address. Upon receipt of registration information, the
24		-	department shall enter the information into the registry and notify the
25		-	local police department or state police troop having jurisdiction where
26		-	the registrant resides or plans to reside. If a registrant notifies the
27		-	Department of Emergency Services and Public Protection that such
28		-	registrant is employed at, carries on a vocation at or is a student at a
29		-	trade or professional institution or institution of higher learning in this
30		-	state, the department shall notify the law enforcement agency with
31		-	jurisdiction over such institution. If a registrant reports a residence in Substitute ~~Senate~~ Bill No. 969
	19	+	Section 1. Section 54-257 of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective October 1, 2023): 2
	21	+	(a) The Department of Emergency Services and Public Protection 3
	22	+	shall, not later than January 1, 1999, establish and maintain a registry of 4
	23	+	all persons required to register under sections 54-251, 54-252, 54-253 and 5
	24	+	54-254. The department shall, in cooperation with the Office of the Chief 6
	25	+	Court Administrator, the Department of Correction and the Psychiatric 7
	26	+	Security Review Board, develop appropriate forms for use by agencies 8
	27	+	and individuals to report registration information, including changes of 9
	28	+	residence address. Upon receipt of registration information, the 10
	29	+	department shall enter the information into the registry and notify the 11
	30	+	local police department or state police troop having jurisdiction where 12
	31	+	the registrant resides or plans to reside. If a registrant notifies the 13
	32	+	Department of Emergency Services and Public Protection that such 14
	33	+	registrant is employed at, carries on a vocation at or is a student at a 15
	34	+	trade or professional institution or institution of higher learning in this 16
	35	+	state, the department shall notify the law enforcement agency with 17
	36	+	jurisdiction over such institution. If a registrant reports a residence in 18 Substitute Bill No. 969
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33		-	Public Act No. 23-193 2 of 6
34	38
35		-	another state, the department shall notify the state police agency of that
36		-	state or such other agency in that state that maintains registry
37		-	information, if known. The department shall also transmit all
38		-	registration information, conviction data, photographic images and
39		-	fingerprints to the Federal Bureau of Investigation in such form as said
40		-	bureau shall require for inclusion in a national registry.
41		-	(b) The Department of Emergency Services and Public Protection
42		-	may suspend the registration of any person registered under section 54-
43		-	251, 54-252, 54-253 or 54-254 while such person is incarcerated, under
44		-	civil commitment or residing outside this state. During the period that
45		-	such registration is under suspension, the department is not required to
46		-	verify the residence address of the registrant pursuant to subsection (c)
47		-	of this section and may withdraw the registration information from
48		-	public access. Upon the release of the registrant from incarceration or
49		-	civil commitment or resumption of residency in this state by the
50		-	registrant, the department shall reinstate the registration, redistribute
51		-	the registration information in accordance with subsection (a) of this
52		-	section and resume verifying the residence address of the registrant in
53		-	accordance with subsection (c) of this section. Suspension of registration
54		-	shall not affect the date of expiration of the registration obligation of the
55		-	registrant under section 54-251, 54-252 or 54-253.
56		-	(c) Except as provided in subsection (b) of this section, the
57		-	Department of Emergency Services and Public Protection shall verify
58		-	the residence address of each registrant by mailing a nonforwardable
59		-	verification form to the registrant at the registrant's last reported
60		-	residence address. Such form shall require the registrant to sign a
61		-	statement that the registrant continues to reside at the registrant's last
62		-	reported residence address and return the form by mail, facsimile or
63		-	electronic mail by a date which is ten days after the date such form was
64		-	mailed to the registrant. The form shall contain a statement that failure
65		-	to return the form or providing false information is a violation of section Substitute Senate Bill No. 969
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67		-	Public Act No. 23-193 3 of 6
	43	+	another state, the department shall notify the state police agency of that 19
	44	+	state or such other agency in that state that maintains registry 20
	45	+	information, if known. The department shall also transmit all 21
	46	+	registration information, conviction data, photographic images and 22
	47	+	fingerprints to the Federal Bureau of Investigation in such form as said 23
	48	+	bureau shall require for inclusion in a national registry. 24
	49	+	(b) The Department of Emergency Services and Public Protection 25
	50	+	may suspend the registration of any person registered under section 54-26
	51	+	251, 54-252, 54-253 or 54-254 while such person is incarcerated, under 27
	52	+	civil commitment or residing outside this state. During the period that 28
	53	+	such registration is under suspension, the department is not required to 29
	54	+	verify the residence address of the registrant pursuant to subsection (c) 30
	55	+	of this section and may withdraw the registration information from 31
	56	+	public access. Upon the release of the registrant from incarceration or 32
	57	+	civil commitment or resumption of residency in this state by the 33
	58	+	registrant, the department shall reinstate the registration, redistribute 34
	59	+	the registration information in accordance with subsection (a) of this 35
	60	+	section and resume verifying the residence address of the registrant in 36
	61	+	accordance with subsection (c) of this section. Suspension of registration 37
	62	+	shall not affect the date of expiration of the registration obligation of the 38
	63	+	registrant under section 54-251, 54-252 or 54-253. 39
	64	+	(c) Except as provided in subsection (b) of this section, the 40
	65	+	Department of Emergency Services and Public Protection shall verify 41
	66	+	the residence address of each registrant by mailing a nonforwardable 42
	67	+	verification form to the registrant at the registrant's last reported 43
	68	+	residence address. Such form shall require the registrant to sign a 44
	69	+	statement that the registrant continues to reside at the registrant's last 45
	70	+	reported residence address and return the form by mail, facsimile or 46
	71	+	electronic mail by a date which is ten days after the date such form was 47
	72	+	mailed to the registrant. The form shall contain a statement that failure 48
	73	+	to return the form or providing false information is a violation of section 49
	74	+	54-251, 54-252, 54-253 or 54-254, as the case may be. In the case of a 50
	75	+	registrant who resides (1) in a town in which mail delivery is effectuated 51 Substitute Bill No. 969
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69		-	54-251, 54-252, 54-253 or 54-254, as the case may be. In the case of a
70		-	registrant who resides at a residence address for which there is no
71		-	residential mail delivery, the local police department or the state police
72		-	troop having jurisdiction where the registrant resides shall verify in
73		-	person such registrant's residence address. Each person required to
74		-	register under section 54-251, 54-252, 54-253 or 54-254 shall have such
75		-	person's residence address verified in such manner every ninety days
76		-	after such person's initial registration date. In the event that a registrant
77		-	fails to return the residence address verification form, the Department
78		-	of Emergency Services and Public Protection shall notify the local police
79		-	department or the state police troop having jurisdiction over the
80		-	registrant's last reported residence address, and that agency shall apply
81		-	for a warrant to be issued for the registrant's arrest under section 54-251,
82		-	54-252, 54-253 or 54-254, as the case may be. The Department of
83		-	Emergency Services and Public Protection shall not verify the address
84		-	of registrants whose last reported residence address was outside this
85		-	state.
86		-	(d) The Department of Emergency Services and Public Protection
87		-	shall include in the registry the most recent photographic image of each
88		-	registrant taken by the department, the Department of Correction, a law
89		-	enforcement agency or the Court Support Services Division of the
90		-	Judicial Department and shall retake the photographic image of each
91		-	registrant at least once every five years.
92		-	(e) Whenever the Commissioner of Emergency Services and Public
93		-	Protection receives notice from a superior court pursuant to section 52-
94		-	11 or a probate court pursuant to section 45a-99 that such court has
95		-	ordered the change of name of a person, and the department determines
96		-	that such person is listed in the registry, the department shall revise such
97		-	person's registration information accordingly.
98		-	(f) The Commissioner of Emergency Services and Public Protection
99		-	shall develop a protocol for the notification of other state agencies, the Substitute Senate Bill No. 969
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101		-	Public Act No. 23-193 4 of 6
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103		-	Judicial Department and local police departments whenever a person
104		-	listed in the registry changes such person's name and notifies the
105		-	commissioner of the new name pursuant to section 54-251, 54-252, 54-
106		-	253 or 54-254 or whenever the commissioner determines pursuant to
107		-	subsection (e) of this section that a person listed in the registry has
108		-	changed such person's name.
109		-	Sec. 2. Subsection (a) of section 54-258 of the general statutes is
110		-	repealed and the following is substituted in lieu thereof (Effective October
111		-	1, 2023):
112		-	(a) (1) Notwithstanding any other provision of the general statutes,
113		-	except subdivisions (3), (4) and (5) of this subsection, the registry
114		-	maintained by the Department of Emergency Services and Public
115		-	Protection shall be a public record and shall be accessible to the public
116		-	during normal business hours. The Department of Emergency Services
117		-	and Public Protection shall make registry information available to the
118		-	public through the Internet. Not less than once per calendar quarter, the
119		-	Department of Emergency Services and Public Protection shall issue
120		-	notices to all print and electronic media in the state regarding the
121		-	availability and means of accessing the registry. Each local police
122		-	department and each state police troop shall keep a record of all
123		-	registration information transmitted to it by the Department of
124		-	Emergency Services and Public Protection, and shall make such
125		-	information accessible to the public during normal business hours.
126		-	(2) (A) Any state agency, the Judicial Department, any state police
127		-	troop or any local police department may, at its discretion, notify any
128		-	government agency, private organization or individual of registration
129		-	information when such agency, said department, such troop or such
130		-	local police department, as the case may be, believes such notification is
131		-	necessary to protect the public or any individual in any jurisdiction from
132		-	any person who is subject to registration under section 54-251, 54-252,
133		-	54-253 or 54-254. Substitute Senate Bill No. 969
	82	+	by one or more post offices located in one or more different towns, or 52
	83	+	(2) at a residence address for which there is no residential mail delivery, 53
	84	+	the local police department or the state police troop having jurisdiction 54
	85	+	where the registrant resides shall verify in person such registrant's 55
	86	+	residence address. Each person required to register under section 54-56
	87	+	251, 54-252, 54-253 or 54-254 shall have such person's residence address 57
	88	+	verified in such manner every ninety days after such person's initial 58
	89	+	registration date. In the event that a registrant fails to return the 59
	90	+	residence address verification form, the Department of Emergency 60
	91	+	Services and Public Protection shall notify the local police department 61
	92	+	or the state police troop having jurisdiction over the registrant's last 62
	93	+	reported residence address, and that agency shall apply for a warrant to 63
	94	+	be issued for the registrant's arrest under section 54-251, 54-252, 54-253 64
	95	+	or 54-254, as the case may be. The Department of Emergency Services 65
	96	+	and Public Protection shall not verify the address of registrants whose 66
	97	+	last reported residence address was outside this state. 67
	98	+	(d) The Department of Emergency Services and Public Protection 68
	99	+	shall include in the registry the most recent photographic image of each 69
	100	+	registrant taken by the department, the Department of Correction, a law 70
	101	+	enforcement agency or the Court Support Services Division of the 71
	102	+	Judicial Department and shall retake the photographic image of each 72
	103	+	registrant at least once every five years. 73
	104	+	(e) Whenever the Commissioner of Emergency Services and Public 74
	105	+	Protection receives notice from a superior court pursuant to section 52-75
	106	+	11 or a probate court pursuant to section 45a-99 that such court has 76
	107	+	ordered the change of name of a person, and the department determines 77
	108	+	that such person is listed in the registry, the department shall revise such 78
	109	+	person's registration information accordingly. 79
	110	+	(f) The Commissioner of Emergency Services and Public Protection 80
	111	+	shall develop a protocol for the notification of other state agencies, the 81
	112	+	Judicial Department and local police departments whenever a person 82
	113	+	listed in the registry changes such person's name and notifies the 83
	114	+	commissioner of the new name pursuant to section 54-251, 54-252, 54-84 Substitute Bill No. 969
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137		-	(B) (i) Whenever a registrant is released into the community, or
138		-	whenever a registrant changes such registrant's residence address and
139		-	notifies the Department of Emergency Services and Public Protection of
140		-	such change pursuant to section 54-251, 54-252, 54-253 or 54-254, the
141		-	Department of Emergency Services and Public Protection shall, by
142		-	electronic mail, notify the superintendent of schools for the school
143		-	district in which the registrant resides, or plans to reside, of such release
144		-	or new residence address, and provide such superintendent with the
145		-	same registry information for such registrant that the department makes
146		-	available to the public through the Internet under subdivision (1) of this
147		-	subsection.
148		-	(ii) Whenever a registrant is released into the community, or
149		-	whenever a registrant changes such registrant's residence address and
150		-	notifies the Department of Emergency Services and Public Protection of
151		-	such change pursuant to section 54-251, 54-252, 54-253 or 54-254, the
152		-	Department of Emergency Services and Public Protection shall, by
153		-	electronic mail, notify the chief executive officer of the municipality in
154		-	which the registrant resides, or plans to reside, of such release or new
155		-	residence address, and provide such chief executive officer with the
156		-	same registry information for such registrant that the department makes
157		-	available to the public through the Internet under subdivision (1) of this
158		-	subsection.
159		-	(3) Notwithstanding the provisions of subdivisions (1) and (2) of this
160		-	subsection, state agencies, the Judicial Department, state police troops
161		-	and local police departments shall not disclose the identity of any victim
162		-	of a crime committed by a registrant or treatment information provided
163		-	to the registry pursuant to sections 54-102g and 54-250 to 54-258a,
164		-	inclusive, except to government agencies for bona fide law enforcement
165		-	or security purposes.
166		-	(4) Notwithstanding the provisions of subdivisions (1) and (2) of this
167		-	subsection, registration information the dissemination of which has Substitute Senate Bill No. 969
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169		-	Public Act No. 23-193 6 of 6
	121	+	253 or 54-254 or whenever the commissioner determines pursuant to 85
	122	+	subsection (e) of this section that a person listed in the registry has 86
	123	+	changed such person's name. 87
	124	+	Sec. 2. Subsection (a) of section 54-258 of the general statutes is 88
	125	+	repealed and the following is substituted in lieu thereof (Effective October 89
	126	+	1, 2023): 90
	127	+	(a) (1) Notwithstanding any other provision of the general statutes, 91
	128	+	except subdivisions (3), (4) and (5) of this subsection, the registry 92
	129	+	maintained by the Department of Emergency Services and Public 93
	130	+	Protection shall be a public record and shall be accessible to the public 94
	131	+	during normal business hours. The Department of Emergency Services 95
	132	+	and Public Protection shall make registry information available to the 96
	133	+	public through the Internet. Not less than once per calendar quarter, the 97
	134	+	Department of Emergency Services and Public Protection shall issue 98
	135	+	notices to all print and electronic media in the state regarding the 99
	136	+	availability and means of accessing the registry. Each local police 100
	137	+	department and each state police troop shall keep a record of all 101
	138	+	registration information transmitted to it by the Department of 102
	139	+	Emergency Services and Public Protection, and shall make such 103
	140	+	information accessible to the public during normal business hours. 104
	141	+	(2) (A) Any state agency, the Judicial Department, any state police 105
	142	+	troop or any local police department may, at its discretion, notify any 106
	143	+	government agency, private organization or individual of registration 107
	144	+	information when such agency, said department, such troop or such 108
	145	+	local police department, as the case may be, believes such notification is 109
	146	+	necessary to protect the public or any individual in any jurisdiction from 110
	147	+	any person who is subject to registration under section 54-251, 54-252, 111
	148	+	54-253 or 54-254. 112
	149	+	(B) (i) Whenever a registrant is released into the community, or 113
	150	+	whenever a registrant changes such registrant's residence address and 114
	151	+	notifies the Department of Emergency Services and Public Protection of 115
	152	+	such change pursuant to section 54-251, 54-252, 54-253 or 54-254, the 116 Substitute Bill No. 969
170	153
171		-	been restricted by court order pursuant to section 54-255 and which is
172		-	not otherwise subject to disclosure, shall not be a public record and shall
173		-	be released only for law enforcement purposes until such restriction is
174		-	removed by the court pursuant to said section.
175		-	(5) Notwithstanding the provisions of subdivisions (1) and (2) of this
176		-	subsection, a registrant's electronic mail address, instant message
177		-	address or other similar Internet communication identifier shall not be
178		-	a public record, except that the Department of Emergency Services and
179		-	Public Protection may release such identifier for law enforcement or
180		-	security purposes in accordance with regulations adopted by the
181		-	department. The department shall adopt regulations in accordance with
182		-	chapter 54 to specify the circumstances under which and the persons to
183		-	whom such identifiers may be released including, but not limited to,
184		-	providers of electronic communication service or remote computing
185		-	service, as those terms are defined in section 54-260b, and operators of
186		-	Internet web sites, and the procedure therefor.
187		-	(6) When any registrant completes the registrant's term of registration
188		-	or is otherwise released from the obligation to register under section 54-
189		-	251, 54-252, 54-253 or 54-254, the Department of Emergency Services and
190		-	Public Protection shall notify any state police troop or local police
191		-	department having jurisdiction over the registrant's last reported
192		-	residence address that the person is no longer a registrant, and the
193		-	Department of Emergency Services and Public Protection, state police
194		-	troop and local police department shall remove the registrant's name
195		-	and information from the registry.
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	159	+	Department of Emergency Services and Public Protection shall, by 117
	160	+	electronic mail, notify the superintendent of schools for the school 118
	161	+	district in which the registrant resides, or plans to reside, of such release 119
	162	+	or new residence address, and provide such superintendent with the 120
	163	+	same registry information for such registrant that the department makes 121
	164	+	available to the public through the Internet under subdivision (1) of this 122
	165	+	subsection. 123
	166	+	(ii) Whenever a registrant is released into the community, or 124
	167	+	whenever a registrant changes such registrant's residence address and 125
	168	+	notifies the Department of Emergency Services and Public Protection of 126
	169	+	such change pursuant to section 54-251, 54-252, 54-253 or 54-254, the 127
	170	+	Department of Emergency Services and Public Protection shall, by 128
	171	+	electronic mail, notify the chief executive officer of the municipality in 129
	172	+	which the registrant resides, or plans to reside, of such release or new 130
	173	+	residence address, and provide such chief executive officer with the 131
	174	+	same registry information for such registrant that the department makes 132
	175	+	available to the public through the Internet under subdivision (1) of this 133
	176	+	subsection. 134
	177	+	(3) Notwithstanding the provisions of subdivisions (1) and (2) of this 135
	178	+	subsection, state agencies, the Judicial Department, state police troops 136
	179	+	and local police departments shall not disclose the identity of any victim 137
	180	+	of a crime committed by a registrant or treatment information provided 138
	181	+	to the registry pursuant to sections 54-102g and 54-250 to 54-258a, 139
	182	+	inclusive, except to government agencies for bona fide law enforcement 140
	183	+	or security purposes. 141
	184	+	(4) Notwithstanding the provisions of subdivisions (1) and (2) of this 142
	185	+	subsection, registration information the dissemination of which has 143
	186	+	been restricted by court order pursuant to section 54-255 and which is 144
	187	+	not otherwise subject to disclosure, shall not be a public record and shall 145
	188	+	be released only for law enforcement purposes until such restriction is 146
	189	+	removed by the court pursuant to said section. 147
	190	+	(5) Notwithstanding the provisions of subdivisions (1) and (2) of this 148 Substitute Bill No. 969
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	196	+
	197	+	subsection, a registrant's electronic mail address, instant message 149
	198	+	address or other similar Internet communication identifier shall not be 150
	199	+	a public record, except that the Department of Emergency Services and 151
	200	+	Public Protection may release such identifier for law enforcement or 152
	201	+	security purposes in accordance with regulations adopted by the 153
	202	+	department. The department shall adopt regulations in accordance with 154
	203	+	chapter 54 to specify the circumstances under which and the persons to 155
	204	+	whom such identifiers may be released including, but not limited to, 156
	205	+	providers of electronic communication service or remote computing 157
	206	+	service, as those terms are defined in section 54-260b, and operators of 158
	207	+	Internet web sites, and the procedure therefor. 159
	208	+	(6) When any registrant completes the registrant's term of registration 160
	209	+	or is otherwise released from the obligation to register under section 54-161
	210	+	251, 54-252, 54-253 or 54-254, the Department of Emergency Services and 162
	211	+	Public Protection shall notify any state police troop or local police 163
	212	+	department having jurisdiction over the registrant's last reported 164
	213	+	residence address that the person is no longer a registrant, and the 165
	214	+	Department of Emergency Services and Public Protection, state police 166
	215	+	troop and local police department shall remove the registrant's name 167
	216	+	and information from the registry. 168
	217	+	This act shall take effect as follows and shall amend the following
	218	+	sections:
	219	+
	220	+	Section 1 October 1, 2023 54-257
	221	+	Sec. 2 October 1, 2023 54-258(a)
	222	+
	223	+	PS Joint Favorable Subst.
196	224