SB 254 — AN ACT ESTABLISHING A TASK FORCE TO STUDY THE IMPACT OF A RESIDENT WHO APPEARS IN A SEX OFFENDER REGISTRY ON THE ENVIRONMENT OF A LONG-TERM CARE FACILITY AND OF SUCH REGISTRIES ON THE HEALTH OF A PERSON WHO APPEARS IN ONE.

Senate General Assembly RaisedFile Bill No.

254424 February Session, 2022 LCOSubstitute Senate Bill No.

1905254 ReferredSenate, toApril 12, 2022 The Committee on PUBLICPublic HEALTHHealth Introducedreported by:through SEN.

(PH)DAUGHERTY ANABRAMS ACTof REQUIRINGthe LONG-TERM13th CAREDist., FACILITYChairperson RESIDENTSof TOthe UNDERGOCommittee Aon CRIMINALthe HISTORYpart ANDof SEXUALthe OFFENDERSenate, REGISTRYthat SEARCH.the substitute bill ought to pass.

AN ACT ESTABLISHING A TASK FORCE TO STUDY THE IMPACT OF A RESIDENT WHO APPEARS IN A SEX OFFENDER REGISTRY ON THE ENVIRONMENT OF A LONG-TERM CARE FACILITY AND OF SUCH REGISTRIES ON THE HEALTH OF A PERSON WHO APPEARS IN ONE.

(Effective Julyfrom 1,passage) 2022) (a) AsThere usedis established a task force to study methods of ensuring the health and safety of residents and employees of a long-term care facility with a resident who appears in thisa section:state or national sex offender registry database and access to long-term care by a person who appears in one or more of such databases.

(1)Such "Criminalstudy historyshall andinclude, sexualbut offendernot registrybe search"limited orto, "backgroundan search"evaluation meansof (A)(1) statethe andimpact nationalthat criminalsuch historyperson recordshas checksas conducteda inresident accordance with section 29-17a of thea generallong-term statutes,care (B)facility aon searchthe environment of the Nationallong-term Sexcare Offenderfacility, Public(2) Website maintained by the Unitedimpact States Department of Justicethe andsex theoffender registry establisheddatabases andon maintained(A) pursuantaccess to sectionlong-term 54-257care ofby the general statutes, and (C) a reviewperson ofwho anyappears otherin registryone specifiedor bymore theof Departmentsuch ofdatabases, Publicand Health(B) thatsuch theperson's departmenthealth, deemsand(3) any necessary forlegislative thechangesto administrationensure of(A)thehealth asSB254 background/ searchFile program.No.

(2)424 "Disqualifying1 offense"sSB254 meansFile a conviction of a crime described in section 53a-59, 53a-59a, 53-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a- 60c, 53a-61, 53a-61a, 53-61aa, 53a-62, 53a-64aa, 53a-64bb, 53a-64cc, 53a- 70, 53a-70a, 53a-70c, 53a-71, 53a-72, 53a-72a, 53a-72b, 53a-73a, 53a-83b, LCO No.

1905424 1and safety of 6residents Raisedand Billemployees No.254of 53a-86,a 53a-90a,long-term 53a-92,care 53a-92a,facility 53a-94,with 53a-94a,a 53a-95,resident 53a-100aa,who 53a-appears 101,in 53a-102,one 53a-102a,or 53a-103,more 53a-103a,of 53a-107,such 53a-108,databases, 53a-109,and 53a-(B) 111,access 53a-112,to 53a-113,long-term 53a-114,care 53a-115,by 53a-116,a 53a-117,person 53a-117a,who 53a-appears 117e,in 53a-117f,one 53a-117g, 53a-133, 53a-134, 53a-135, 53a-136, 53a-136a, 53a-167c, 53a-167d, 53a-167e, 53a-175, 53a-176, 53a-177, 53a-178, 53a- 179, 53a-179a, 53a-179b, 53a-179c, 53a-180, 53a-180a, 53a-180b, 53a-180c, 53a-180aa, 53a-181, 53a-181a, 53a-181c, 53a-181d, 53a-181e, 53a-181f, 53a-181i, 53a-181j, 53a-181k, 53a-181l, 53a-182, 53a-182b, 53a-183, 53a- 183b, 53a-185, 53a-186, 53a-189a, 53a-189b, 53a-189c, 53a-192, 53a-192a, 53a-223,53a-223a,53a-223b,53a-223c,53a-224,53a-300,53a-301,53a-302, 53a-304, 53a-321, 53a-322 or 53a-323more of thesuch generaldatabases. statutes.

(3)(b) "Long-termThe caretask facility"force meansshall aconsist nursing home, as defined in section 19a-490 of the generalfollowing statutes,members: a residential care home, as defined in section 19a-490 of the general statutes, or a managed residential community, as defined in section 19a-693 of the general statutes, that provides services offered by an assisted living services agency, as defined in section 19a-490 of the general statutes.

(b)(1) NotTwo laterappointed thanby Januarythe 1,speaker 2023,of the DepartmentHouse of PublicRepresentatives, Health,one withinof availablewhom appropriations, shall createbe and implement a criminalrepresentative historyof andan sexualoffenderalliance registryin searchprogramthe inorderstate toaimed facilitateat theending performance,sexual processingviolence, and analysisone of whom shall be a backgroundrepresentative searchof the Connecticut chapter of anya personnational whoorganization isthat applyingoffers fora admissionvariety orof isservices otherwiseaimed toat beimproving admittedthe tolives aof long-termpersons careover facility.the age of fifty;

(c)(2) (1)Two Onappointed andby afterthe Januarypresident 1,pro 2023,tempore exceptof asthe providedSenate, inone subdivision (2) of thiswhom subsection,shall eachbe long-term care facility, prior to admitting a personrepresentative asof aan residentorganization toin the long-termstate care facility, shall require that suchprovides personsubmittoabackgroundsearch.TheDepartmentofPublicHealthservices shallto prescribesurvivors theof mannersexual byassault whichwhen (A) long-term care facilities perform the reviewoffender ofis anyreleased registryinto specified by the department,community includingafter requiringserving long-terma caresentence facilitiesfor tosexual reportassault, theand resultsone of suchwhom review to the department, and (B) the person shall submitbe to a backgroundrepresentative search,of includingan requiringassociation the Department of Emergencyhealth Servicescare andemployees Publicin ProtectionNew toEngland; report the results of such background LCO No.

1905(3) 2One appointed by the majority leader of 6the RaisedHouse Billof No.254Representatives, searchwho toshall be a representative of a membership association in the Departmentstate that represents nonprofit organizations serving older adults and persons with a disability across a continuum of Publicservices, Health.supports and housing, including, but not limited to, long-term care facilities;

(2)(4) NoOne long-termappointed careby facility shall be required to comply with the provisionsmajority ofleader subdivision (1) of this subsection if (A) the personSenate, provideswho evidenceshall tobe the long-term care facility that such person submitted to a backgroundrepresentative search conducted pursuant to subdivision (1) of thisan subsectionassociation not more than one month immediately preceding thedate such person appliesfor admissionas a resident ofthe long-term care facility and that the prior background search confirmed that the person did not have a disqualifying offense, (B) the long-term care facility operates with a mission to serve the justice-involved population, or (C) the person is being transferred from a hospital to the long-term care facility for the purpose of receivinghealth rehabilitation services, provided the long-term care facilityfacilities shallin require that such person submit to a background search as soon as practicable after such person is admitted to the long-termstate; care facility for receipt of such services.

(d)(5) (1)One Theappointed Departmentby the minority leader of Publicthe HealthHouse of Representatives, who shall reviewbe alla reportsrepresentative providedof an organization that provides services to persons impacted by the departmentjustice pursuantsystem, toincluding subsectionpersons (c)who have been incarcerated or detained in a correctional institution, jail of thisany section.city, immigration detention center or juvenile detentioncenter, personswho have beenconvictedbut not incarcerated, persons who have been charged with a crime but not convicted and sSB254 / File No.

If424 any2 suchsSB254 reportFile containsNo. evidence indicating that a person has a disqualifying offense, the department shall provide notice to the person and the long-term care facility indicating the disqualifying offense and providing the person with the opportunity to file a request for a waiver pursuant to subdivision (2) of this subsection.

(2)424 Apersons personwho mayhave filebeen aarrested; written request for a waiver with the department not later than thirty days after the date the department provides notice to the person pursuant to subdivision (1) of this subsection.

The(6) departmentOne shallappointed mailby athe writtenminority determinationleader indicatingof whether the departmentSenate, who shall grantbe a waiverrepresentative pursuantof tothe subdivisionConnecticut (3)chapter of thisa subsectionnational notnonprofit laterorganization thanthat fifteendefends, businesspromotes daysand afterworks thetoward departmentpreserving receivesindividual therights writtenand requestliberties fromunder the person,Constitutions exceptof thatthe saidUnited timeStates periodand shallthe notstate apply to any request for a waiver in whichstate aand personfederal challengescourt, the accuracyGeneral ofAssembly and the informationstate's obtainedtowns fromand thecities; background search.

LCO(7) No.The Commissioner of Public Health, or the commissioner's designee;

1905and 3(8) of 6 Raised Bill No.254 (3) The departmentCommissioner may grant a waiver from the provisions of subsectionMental (e)Health of this section to a person who identifies mitigating circumstances surrounding the disqualifying offense, including (A) inaccuracy in the information obtained from the background search, (B) lack of a relationship between the disqualifying offense and theAddiction residencyServices, for which the personhasapplied,(C)evidence that the person has pursued or achieved rehabilitation with regard to the disqualifyingcommissioner's offense,designee. or (D) that substantial time has elapsed since committing the disqualifying offense.

The(c) departmentAny andmember itsof employeesthe shalltask beforce immuneappointed fromunder liability,subdivision civil(1), or(2), criminal,(3), that(4), might(5) otherwiseor be(6) incurredof orsubsection imposed,(b) forof goodthis faithsection conductmay inbe grantinga waiversmember pursuantof tothe thisGeneral subdivision.Assembly.

(4)(d) AfterAll completinginitial aappointments review pursuant to subdivision (1) of this subsection, the departmenttask force shall notifybe inmade writingnot thelater long-termthanthirty caredaysafter facilitytheeffective todate whichofthis thesection.Any personvacancy hasshall appliedbe forfilled admissionby as a resident (A) of any disqualifying offense and any information the personappointing providedauthority. to the department regarding mitigating circumstances surrounding such offense, or of the lack of a disqualifying offense, and (B) whether the department granted a waiver pursuant to subdivision (3) of this subsection.

(e) NoThe long-termrepresentative careof facilityan shallalliance admitin asthe astate residentaimed aat personending requiredsexual toviolence submitand to a background search if the long-termrepresentative careof facilityan receivesassociation notice from the Department of Publichealth Healthcare thatemployees the person has a disqualifying offense in theNew person'sEngland backgroundshall searchserve andas thechairpersons department has not granted a waiver pursuant to subdivision (3) of subsectionthe (d)task offorce. this section.

ASuch long-termchairpersons careshall facilityschedule may,the butfirst ismeeting notof obligatedthe to,task admitforce, aswhich ashall residentbe aheld personnot wholater wasthan grantedsixty adays waiverafter pursuantthe toeffective saiddate subdivision.of this section.

(f) (1)The Exceptadministrative asstaff provided in subdivision (2) of thisthe subsection,joint astanding long-committee termof carethe facilityGeneral shallAssembly nothaving admitcognizance asof amatters residentrelating any person required to submitpublic tohealth ashall backgroundserve searchas untiladministrative thestaff long-term care facility receives notice fromtheDepartment ofPublicHealth pursuant to subdivision(4) of subsectionthe (d)task offorce. this section.

LCO(g) Not later than January 1, 2023, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a of the general sSB254 / File No.

1905424 43 ofsSB254 6File RaisedNo. Bill No.254 (2) A long-term care facility may admit as a resident a person required to submit to a background search on a conditional basis before the long-term care facility receives notice fromthe department that such person does not have a disqualifying offense, provided the following conditions have been met:

(A)424 Thestatutes. period of residency on a conditional basis shall last not more than sixty days, except the sixty-day time period may be extended by the department to allow for the filing and consideration of a written request for a waiver of a disqualifying offense filed by a person pursuant to subsection (d) of this section, (B) the long- term care facility has begun the review required under subsection (c) of this section and the person has submitted to a background check pursuant to subsection (c) of this section, (C) the person is subject to constant supervision by staff of the long-term care facility during the course of such conditional residency period, and (D) the person, in a signed statement (i) affirms that the person has not committed a disqualifying offense, and (ii) acknowledges that a disqualifying offense reported in the background search required by subsection (c) of this section shall constitute good cause for removal from residency and a long-term care facility may remove the person from residency if a disqualifying offense is reported in such background search.

(g)The Recordstask andforce informationshall withterminate respecton tothe anydate person that areit obtainedsubmits bysuch thereport Departmentor ofJanuary Public1, Health2023, pursuantwhichever tois thislater. section shall not be subject to disclosure under section 1-210 of the general statutes.

(h)This Theact Commissioner of Public Health shall adopttake regulations,effect inas accordancefollows withand theshall provisionsamend of chapter 54 of the generalfollowing statutes,sections: to implement the provisions of this section.

TheSection commissioner1 mayfrom implementpassage policiesNew and procedures consistent with the provisions of this section whilePH inJoint theFavorable processSubst. of adopting such policies and procedures as regulation, provided the commissioner shall publish notice of intention to adopt regulations on the eRegulations System not later than twenty days after the date of implementation.

SuchsSB254 policies/ andFile proceduresNo. shall be valid until the time final regulations are effective.

LCO424 4 sSB254 File No.

1905424 5The offollowing 6Fiscal RaisedImpact Statement and Bill No.Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

254In Thisgeneral, actfiscal shallimpacts takeare effectbased asupon followsa andvariety shallof amendinformational sources, including the followinganalyst’s sections:professional knowledge.

JulyWhenever 1,applicable, 2022agency Sectiondata 1is Newconsulted sectionas Statementpart of Purpose:the analysis, however final products do not necessarily reflect an assessment from any specific department.

Torequirelong-termcarefacilityresidentstoOFA undergoacriminalhistoryFiscal andNote sexualState offenderImpact: registry search.

[ProposedNone deletionsMunicipal areImpact: enclosed in brackets.

ProposedNone additionsExplanation areThe indicatedbill byestablishes underline,a excepttask underlined.]eforce entireto textstudy methods of ensuring the health and safety of residents and employees of a billlong-term orcare resolutionfacility orwith a sectionresident ofwho appears in a billstate or resolutionnational issex new,offender itregistry isdatabase notand LCOaccess No.to long-term care by a person who appears in one or more of such databases.

1905The 6task offorce 6shall submit its findings and recommendations to the Public Health Committee by January 1, 2023.