AN ACT CONCERNING NOTIFICATION TO BOARDS OF EDUCATION AND LOCAL POLICE DEPARTMENTS OF THE RELEASE OF A JUVE...
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SB 1040 — AN ACT CONCERNING NOTIFICATION TO BOARDS OF EDUCATION AND LOCAL POLICE DEPARTMENTS OF THE RELEASE OF A JUVENILE SEXUAL OFFENDER.
Last action — HOUSE CALENDAR NUMBER 608
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
7 added · 28 removedPlain-language change summary
The bill has changed to focus specifically on the notification of local school districts and police departments regarding the release of juvenile sexual offenders, rather than the broader topic of juvenile registration as sexual offenders. Now, the Court Support Services Division is required to notify school superintendents if a child is released after being convicted of certain sexual offenses. This change ensures that relevant educational and law enforcement authorities are informed about juvenile offenders, which can help them take necessary precautions as the child reintegrates into the community.
AN ACT CONCERNING THENOTIFICATION REGISTRATIONTO BOARDS OF JUVENILESEDUCATION ASAND SEXUALLOCAL OFFENDERSPOLICE ANDDEPARTMENTS NOTIFICATION OF SCHOOLTHE DISTRICTSRELEASE THATOF A REGISTRANTJUVENILE MAYSEXUAL BEOFFENDER. A STUDENT IN THE DISTRICT.
General Assembly RaisedSubstitute Bill No.
1040 January Session, 2017 LCO*_____SB01040JUD___040717____* No.AN ACT CONCERNING NOTIFICATION TO BOARDS OF EDUCATION AND LOCAL POLICE DEPARTMENTS OF THE RELEASE OF A JUVENILE SEXUAL OFFENDER.
5469 *05469_______JUD* Referred to Committee on JUDICIARY Introduced by:
(JUD) AN ACT CONCERNING THE REGISTRATION OF JUVENILES AS SEXUAL OFFENDERS AND NOTIFICATION OF SCHOOL DISTRICTS THAT A REGISTRANT MAY BE A STUDENT IN THE DISTRICT.
Subsection(NEW) (a)(Effective October 1, 2017) Notwithstanding the provisions of sectionsections 54-25146b-124 of the general statutes isconcerning repealedthe confidentiality of records of juvenile matters and 46b-146 of the followinggeneral statutes concerning the erasure of police and court records, the Court Support Services Division of the Judicial Department, in the case of a child, as defined in section 46b-120 of the general statutes, who is substitutedconvicted as delinquent, as described in lieusection thereof46b-120 (Effectiveof the general statutes, on or after October 1, 2017):2017, for a violation of section 53a-70 of the general statutes, 53a-70a of the general statutes, 53a-70c of the general statutes, 53a-71 of the general statutes, 53a-72a of the general statutes or 53a-72b of the general statutes, or for committing a felony offense that the court finds was committed for a sexual purpose, as described in section 54-250 of the general statutes, shall, upon release of any such child from the custody of the Judicial Department or the Department of Children and Families, as applicable, notify the superintendent for the local or regional school district for the town in which such child will reside, that such child has been convicted delinquent of any such offense.
(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor or a nonviolent sexual offense, and is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, and whether or not such person's place of residence is in this state, register such person's name, identifying factors, criminal history record, residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Emergency Services and Public Protection, on such forms and in such locations as the commissioner shall direct, and shall maintain such registration for ten years from the date of such person's release into the community, except that any person who has one or more prior convictions of any such offense or who is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70 shall maintain such registration for life.
Prior to accepting a plea of guilty or nolo contendere from a person with respect to a criminal offense against a victim who is a minor or a nonviolent sexual offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea.
If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name.
If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders.
If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier.
If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status.
If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders.
During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.
Notwithstanding any provision of chapter 815t, for the purposes of this section, "person" includes a child adjudicated delinquent for a criminal offense against a victim who is a minor or a nonviolent sexual offense who is released into the community on or after October 1, 2017.
Sec.
2.
Subsection (a) of section 54-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a sexually violent offense, and (1) is released into the community on or after October 1, 1988, and prior to October 1, 1998, and resides in this state, shall, on October 1, 1998, or within three days of residing in this state, whichever is later, or (2) is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, register such person's name, identifying factors and criminal history record, documentation of any treatment received by such person for mental abnormality or personality disorder, and such person's residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Emergency Services and Public Protection on such forms and in such locations as said commissioner shall direct, and shall maintain such registration for life.
Prior to accepting a plea of guilty or nolo contendere from a person with respect to a sexually violent offense, the court shall (A) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (B) determine that the person fully understands the consequences of the plea.
If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name.
If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders.
If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier.
If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status.
If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders.
During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.
Notwithstanding any provision of chapter 815t, for the purposes of this section, "person" includes a child adjudicated delinquent for a sexually violent offense who is released into the community on or after October 1, 2017.
Sec.
3.
Subsection (a) of section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Any person who has been convicted or found not guilty by reason of mental disease or defect in any other state, in a federal or military court or in any foreign jurisdiction of any crime (1) the essential elements of which are substantially the same as any of the crimes specified in subdivisions (2), (5) and (11) of section 54-250, or (2) which requires registration as a sexual offender in such other state or in the federal or military system, and who resides in this state on and after October 1, 1998, shall, without undue delay upon residing in this state, register with the Commissioner of Emergency Services and Public Protection in the same manner as if such person had been convicted or found not guilty by reason of mental disease or defect of such crime in this state, except that the commissioner shall maintain such registration until such person is released from the registration requirement in such other state, federal or military system or foreign jurisdiction.
Notwithstanding any provision of chapter 815t, for the purposes of this section, "person" includes a child adjudicated delinquent in any other state, in a federal or military court or in any foreign jurisdiction of any crime (A) the essential elements of which are substantially the same as any of the crimes specified in subdivisions (2), (5) and (11) of section 54-250, or (B) which requires registration as a sexual offender in such other state or in the federal or military system, and who resides in this state on and after October 1, 2017.
Sec.
4.
Subsection (a) of section 54-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Any person who has been convicted or found not guilty by reason of mental disease or defect in this state on or after October 1, 1998, of any felony that the court finds was committed for a sexual purpose, may be required by the court upon release into the community or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct to register such person's name, identifying factors, criminal history record, residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Emergency Services and Public Protection, on such forms and in such locations as the commissioner shall direct, and to maintain such registration for ten years from the date of such person's release into the community.
If the court finds that a person has committed a felony for a sexual purpose and intends to require such person to register under this section, prior to accepting a plea of guilty or nolo contendere from such person with respect to such felony, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea.
If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new name.
If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders.
If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection in writing of such identifier.
Show all 55 changed lines (15 more)
If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection of such status and of any change in such status.
If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Emergency Services and Public Protection and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders.
During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Emergency Services and Public Protection.
Notwithstanding any provision of chapter 815t, for the purposes of this section, "person" includes a child adjudicated delinquent for any felony offense that the court finds was committed for a sexual purpose who is released into the community on or after October 1, 2017.
Sec.
5.
(NEW) (Effective October 1, 2017) The Commissioner of Emergency Services and Public Protection shall notify the local or regional board of education for any town of which a child is a resident and is registered pursuant to section 54-251, 54-252, 54-253 or 54-254, of the general statutes, as amended by this act, that such child is a registrant, as defined in section 54-250, of the general statutes, and may be a student in a school under the jurisdiction of such board.
Section 1 October 1, 2017 54-251(a)New Sec.section JUD Joint Favorable Subst.
2 October 1, 2017 54-252(a) Sec.
3 October 1, 2017 54-253(a) Sec.
4 October 1, 2017 54-254(a) Sec.
5 October 1, 2017 New section Statement of Purpose:
To require sexual offenders, regardless of their age, to register as sexual offenders and to require that local and regional boards of education receive notice of any potential student who may be a registrant.
[Proposed deletions are enclosed in brackets.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
Show all 55 changed rows (15 more)
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Action History
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HOUSE CALENDAR NUMBER 608
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FAV. RPT., TABLED FOR HOUSE CALENDER
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SEN. PASSED, SEN. AMEND. SCH. A
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SEN. ADOPTED SEN. AMEND. SCH. A
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FILE NO. 712
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SENATE CALENDAR NUMBER 391
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/24/17
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FILED WITH LCO
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Joint Favorable Substitute
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PUBLIC HEARING 0324
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REF. TO JOINT COMM. ON Judiciary
Sponsors
- Steve' b'Cassano · Primary
- Eric C.' b'Berthel · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 185 not signed on · 3 voted No
Sponsors (2)
- b'Cassano, Steve'
- b'Berthel, Eric C.'
Co-sponsors (0)
None.
Not signed on (185)
185 members have not signed on to this bill.
Show all 185 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 3 | 0 | 0 |
| Unaffiliated | 19 | 3 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 30 | 6 | 0 | 0 |
| % of votes cast | 83% | 17% | 0% | 0% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| PAUL M. FORMICA | — | Yea |
| TIM LARSON | — | Yea |
| KEVIN KELLY | — | Yea |
| STEVE CASSANO | — | Yea |
| MARILYN MOORE | — | Nay |
| BETH BYE | — | Yea |
| EDWIN A. GOMES | — | Nay |
| TERRY B. GERRATANA | — | Nay |
| MICHAEL A. MCLACHLAN | — | Yea |
| KEVIN D. WITKOS | — | Yea |
| TONI BOUCHER | — | Yea |
| PAUL DOYLE | — | Yea |
| CARLO LEONE | — | Yea |
| CRAIG MINER | — | Yea |
| LEN SUZIO | — | Yea |
| GAYLE SLOSSBERG | — | Yea |
| ART LINARES | — | Yea |
| JOE MARKLEY | — | Yea |
| LEONARD FASANO | — | Yea |
| GEORGE LOGAN | — | Yea |
| ANTHONY GUGLIELMO | — | Yea |
| L. SCOTT FRANTZ | — | Yea |
| Bob Duff | Democratic | Yea |
| Catherine A. Osten | Democratic | Yea |
| Douglas McCrory | Democratic | Nay |
| Gary A. Winfield | Democratic | Nay |
| Joan V. Hartley | Democratic | Yea |
| John W. Fonfara | Democratic | Nay |
| Mae Flexer | Democratic | Yea |
| Martin M. Looney | Democratic | Yea |
| Eric C. Berthel | Republican | Yea |
| Heather S. Somers | Republican | Yea |
| Henri Martin | Republican | Yea |
| John A. Kissel | Republican | Yea |
| Kathy Kennedy | Republican | Yea |
| Tony Hwang | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 3 | 0 | 0 |
| Unaffiliated | 20 | 2 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 31 | 5 | 0 | 0 |
| % of votes cast | 86% | 14% | 0% | 0% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| PAUL M. FORMICA | — | Yea |
| TIM LARSON | — | Yea |
| KEVIN KELLY | — | Yea |
| STEVE CASSANO | — | Yea |
| MARILYN MOORE | — | Nay |
| BETH BYE | — | Yea |
| EDWIN A. GOMES | — | Nay |
| TERRY B. GERRATANA | — | Yea |
| MICHAEL A. MCLACHLAN | — | Yea |
| KEVIN D. WITKOS | — | Yea |
| TONI BOUCHER | — | Yea |
| PAUL DOYLE | — | Yea |
| CARLO LEONE | — | Yea |
| CRAIG MINER | — | Yea |
| LEN SUZIO | — | Yea |
| GAYLE SLOSSBERG | — | Yea |
| ART LINARES | — | Yea |
| JOE MARKLEY | — | Yea |
| LEONARD FASANO | — | Yea |
| GEORGE LOGAN | — | Yea |
| ANTHONY GUGLIELMO | — | Yea |
| L. SCOTT FRANTZ | — | Yea |
| Bob Duff | Democratic | Yea |
| Catherine A. Osten | Democratic | Yea |
| Douglas McCrory | Democratic | Nay |
| Gary A. Winfield | Democratic | Nay |
| Joan V. Hartley | Democratic | Yea |
| John W. Fonfara | Democratic | Nay |
| Mae Flexer | Democratic | Yea |
| Martin M. Looney | Democratic | Yea |
| Eric C. Berthel | Republican | Yea |
| Heather S. Somers | Republican | Yea |
| Henri Martin | Republican | Yea |
| John A. Kissel | Republican | Yea |
| Kathy Kennedy | Republican | Yea |
| Tony Hwang | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 1040?
- SB 1040 is sponsored by b'Cassano, Steve' and b'Berthel, Eric C.'.
- What is the current status of SB 1040?
- This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1040?
- Track SB 1040 free on One Click Politics — get push/email alerts when it moves.
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