SB 901 — AN ACT CONCERNING A REGISTRY OF PERSONS CONVICTED OF FINANCIAL CRIMES AGAINST ELDERLY PERSONS.

(g) [Records] Except as provided in subsection (i) of this section, recordsandinformationwithrespecttoanyindividualthatareobtained bysSB901 the/ departmentFile pursuant to this section shall not be subject to LCO No.

304096 10 ofsSB901 14File RaisedNo. Bill No.901 disclosure under section 1-210.

(h)96 Onby and after January 1, 2024, the Departmentdepartment ofpursuant Publicto Healththis section shall includenot inbe thesubject background search program the names, last-known addresses and information on the offenses of persons who have registered with the Commissioner of Emergency Services and Public Protection pursuant to sectionsdisclosure 3under andsection 41-210. of this act.

(i)(h) On and after FebruaryJuly 1, 2024, the Department of Public Health shall include onin the department'sbackground Internetsearch webprogram sitethe anames, linklast-known toaddresses and information on the backgroundoffenses searchof programpersons thatwho allowshave registered with the publicCommissioner toof searchEmergency theServices programand byPublic nameProtection pursuant to sections 3 and 4 of athis person.act.

The(i) listingOn willand showafter suchAugust person's1, last-2024,the knownDepartment address,of convictionsPublic orHealth othershall disciplinaryinclude actionson takenthe anddepartment's Internet web site a generallink descriptionto ofthe offensesbackground committedsearch byprogram that allows the public to search the program by name of a person.

The listing will show such person's last-known address, convictions or other disciplinary actions taken and a general description of offenses committed by the person.

(a) The courts of probate shall have concurrent jurisdiction with the Superior Court, as provided in section 52-11, as amended by this act, to grant a change of name, except a change of name granted in accordance withsubsection(a)ofsection46b-63,exceptthatnocourtofprobatemay issue an order or otherwise allow for the change of name of a person who is required to register with the Commissioner of Emergency Services and Public Protection as a sexual offender, [or] as an offender convicted ofcommitting acrime withadeadlyweapon or asanoffender convictedsSB901 of/ committingFile a financial crime against an elderly person as LCO No.

304096 11 ofsSB901 14File RaisedNo. Bill No.901 defined in section 1 of this act unless such person complies with the requirements of subdivision (1) of subsection (b) of this section.

96 convicted of committing a financial crime against an elderly person as defined in section 1 of this act unless such person complies with the requirements of subdivision (1) of subsection (b) of this section.

(c) Whenever the court, pursuant to this section, orders a change of name of a person,the court shall notify the Commissioner of Emergency Services and Public Protection of the issuance of such order if the court finds that such person is listed in the registry established and maintained pursuant to section 54-257, [or] in the registry established and maintained pursuant to section 54-280 or, on and after JanuaryJuly 1, 2024, insSB901 the/ registryFile established and maintained pursuant to section 2 of LCO No.

304096 12 ofsSB901 14File Raised Bill No.

90196 in the registry established and maintained pursuant to section 2 of this act.

(2) The Commissioner of Emergency Services and Public Protection LCOsSB901 / File No.

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90196 shall have standing to challenge such person's application for a change of name in the superior court where such change of name is sought.

(c) Whenever the court, pursuant to this section, orders a change of name of a person, the clerk of the court shall notify the Commissioner of Emergency Services and Public Protection of the issuance of such order if the clerk finds that such person is listed in the registry established and maintained pursuant to section 54-257, [or] in the registry established and maintained pursuant to section 54-280 or, on and after JanuaryJuly 1, 2024, in the registry established and maintained pursuant to section 2 of this act.

Section 1 from passage Section 1 New section Sec.

7 from passage 52-11 StatementAGE ofJoint Purpose:Favorable Subst.

TosSB901 establish/ aFile registryNo. of persons convicted of financial crimes against elderly persons.

[Proposed96 deletions14 aresSB901 enclosedFile inNo. brackets.

Proposed96 additionsThe following Fiscal Impact Statement and Bill Analysis are indicatedprepared byfor underline,the exceptbenefit thatof whenthe members of the entireGeneral textAssembly, solely for purposes of ainformation, billsummarization orand resolutionexplanation orand ado sectionnot ofrepresent athe billintent orof resolutionthe isGeneral new,Assembly itor iseither notchamber underlined.]thereof LCOfor No.any purpose.

3040In 14general, fiscal impacts are based upon a variety of 14informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 24 $ FY 25 $ Department of Emergency GF - Cost Up to 232,094 Services and Public Protection 200,000 Public Health, Dept.

GF - Cost 499,073 284,609 State Comptroller - Fringe GF - Cost 87,185 173,721 Benefits Correction, Dept.;

Judicial Dept.

GF - Potential See Below See Below (Probation) Cost Resources of the General Fund GF - Potential See Below See Below Revenue Gain Note:

GF=General Fund Municipal Impact:

None Explanation The bill requires the Department of Emergency Services and Public Protection (DESPP) to establish and maintain a registry of persons who have committed specified financial crimes against elderly persons, resulting in a cost of up to $786,258 in FY 24 and $690,424 in FY 25 to DESPP, Department of Public Health, and the Office of the State Comptroller (OSC).

The Judicial Department and the Department of Correction also incur potential costs in FY 24 and FY 25.

Sections 1-4 require DESPP to create and maintain the registry and incorporate the registrant information into the Connecticut On-Line Law Enforcement Communications Teleprocessing (COLLECT) system The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

The estimated active employee fringe benefit cost associated with most personnel changes is 42.82% of payroll in FY 24.

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96 as well as other information systems maintained by the Judicial Department, Department of Correction, and Department of Public Health.

Implementation costs related to personnel training, software upgrades to the current offender registry, and interfacing with the COLLECT system and other agencies will result in costs not expected to exceed $200,000 in FY 24.

To manage the new volume of registrants, DESPP will be required to increase its Offender Registry staff by two state police troopers and one processing technician, resulting in a cost of $232,094 in FY 25.These new positions will also cost the OSC $86,536 in FY 25 for associated fringe benefits.

DESPP may need to hire these personnel prior to 7/1/24, resulting in potential costs in FY 24.

Sections 2 and 5 require the Department of Public Health (DPH) to include information from the DESPP registry in its Applicant Background Check Management System (ABCMS) by 7/1/24, resulting in a cost to the agency of $499,073 in FY 24 and $284,609 in FY 25 and a cost to the OSC of $87,185 in both fiscal years.

The bill requires DPH to redesignandexpandtheABCMS,aswell as maintainthedataand work with long term care facilities.

The costs to DPH reflect the salaries of three half-time positions (an Information Technology Supervisor, an Information Technology Analyst II, and a Health Program Associate) and one full-time Office Assistant (a total of $203,609 in FY 24 and FY 25), a one-time cost of $200,000 in FY 24 to expand the ABCMS, a one-time equipment cost of $14,464, an on-going ABCMS maintenance cost of $80,000, and an on- going a general office supply cost of $1,000 in both fiscal years.

Section 3 creates a new Class D felony charge which results in a potential cost to the Department of Correction and Judicial Department and a potential revenue gain from fines.

On average, the marginal cost sSB901 / File No.

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96 to the state for incarcerating an offender for the year is $2,500 while the average marginal cost for supervision in the community is less than $800 each year.

Sections 6-7 make technical and conforming changes resulting in no fiscal impact.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the continued maintenance costs of the registry, number of registrants, and inflation.

Inmate marginal cost is based on increased consumables (e.g.

food, clothing, water, sewage, living supplies, etc.) This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility opened.

3Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant.

This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.

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96 OLR Bill Analysis sSB 901 AN ACT CONCERNING A REGISTRY OF PERSONS CONVICTED OF FINANCIAL CRIMES AGAINST ELDERLY PERSONS.

SUMMARY This bill requires the Department of Emergency Services and Public Protection (DESPP), by July 1, 2024, to establish and maintain a registry ofindividualsconvicted, orfoundnotguiltyby reasonofmentaldisease or defect, of specified financial crimes against seniors ages 60 and older.

Individuals must register with DESPP starting July 1, 2024, if they are released into the community on or after that date, regardless of whether they reside within or outside of Connecticut.

Registrants must (1) submit their name, identifying factors, criminal history record, home address, and email address and (2) maintain their registration for five years.

The bill establishes related registration, recordkeeping, and information sharing requirements.

Under the bill, registry information is a public record or file and is subject to Freedom of Information Act disclosure requirements.

Additionally, starting July 1, 2024, the bill expands the Department of Public Health’s (DPH) Long-Term Care Background Check Program to include information from the new financial crimes registry.

Starting August 1, 2024, DPH must include a link on its website that allows the public to search the background check program by an individual’s name.

Under current law, this program is available only to long-term care facility employers and specified state agencies.

Lastly, the bill makes technical and conforming changes (§§ 5-7).

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96 EFFECTIVE DATE:

Upon passage §§ 1-4 — ELDERLY FINANCIAL CRIME REGISTRY Individuals Required to Register The bill requires individuals convicted, or found not guilty by reason of mental disease or defect, of the following crimes against an elderly person (i.e., seniors ages 60 and older) to register with DESPP:

1.

2nd degree larceny, involving property obtained by embezzlement, false pretense, or false promise;

2.

1st degree, 2nd degree, or 3rd degree telephone fraud;

3.

1st degree identity theft, if the value of the money, credit, services, or property exceeds $5,000;

or 4.

2nd degree identity theft.

Beginning July 1, 2024, these individuals must register with DESPP if they are released into the community on or after that date, regardless of whether they reside within or outside of the state.

They must do so within 14 calendar days after their release or, if they are in Department of Correction (DOC) custody, at the time before their release that the department directs.

Registration Forms The bill requires DESPP, in cooperation with the Office of the Chief Court Administrator, DOC, and the Psychiatric Security Review Board, to develop appropriate forms for reporting registration information, including address changes (see below).

Recordkeeping Under the bill, DESPP must enter registration information it receives into the financial crimes registry and notify the local police department or state police troop with jurisdiction over the registrant’s current or planned future residence.

It must take the same actions when a registrant relocates within the state, notifying the appropriate sSB901 / File No.

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96 department or troop for both the old and new addresses.

The bill requires the DESPP commissioner to ensure that each registrant’s name and home address is available through the Connecticut On-Line Law Enforcement Communication Teleprocessing system.

If a registrant reports a residence in another state, the department may notify the state police or other agency in that state that maintains registry information, if it is known.

The bill also requires the DESPP commissioner, within two business days after entering a new offender into the registry, to send the information to the DPH commissioner to have it included in a searchable database as part of DPH’s Long-Term Care Background Check Program (see § 5 below).

Required Registration Information Under the bill, the registration information provided by each registrant must include the following:

1.

the registrant’s name, including any other legal names or aliases that he or she has used;

2.

identifying information, including the registrant’s physical description;

3.

the registrant’s current home address and email address;

4.

a description of the offense and date of conviction;

and 5.

the date the registrant was released from incarceration, if the registrant was sentenced to incarceration with a portion not suspended.

The registrant must sign and date the registration and DESPP may require the registrant to provide documentation verifying any of the above registration information.

The bill also requires DESPP, when someone appears for registering, sSB901 / File No.

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96 to photograph the registrant;

arrange for his or her fingerprinting;

and include the photograph and complete fingerprint set in the registry.

Registrant Name and Address Changes The bill requires a registrant who changes his or her name or address to notify the DESPP commissioner in writing of the new name or address.

The registrant must also (1) complete and return any forms he or she receives to verify the address and (2) agree to retaking his or her photograph if the commissioner requests it.

Additionally, if a Superior Court or probate court notifies DESPP that it ordered a registrant’s name change, the department must correspondingly revise the person’s registration information.

The commissioner must also develop a protocol to notify other state agencies, the judicial branch, and the applicable local police department or state police troop when a registrant notifies DESPP of a name change or a court reports one.

Registration Suspension The bill allows DESPP to suspend the registration and withdraw the information from the registry of an offender who is incarcerated, under civil commitment, or residing in another state.

But the department must reverse these actions when any of these conditions change.

Under the bill, suspending a registration does not affect its expiration date.

Pleading Guilty or Nolo Contendere The bill requires the court to inform a person accused of committing the crimes listed abovethat accepting a pleaofguilty or nolo contendere will subject them to the bill’s registry requirements.

The court must (1) do this before the person accepts the plea and (2) determine that the person fully understands the consequences of doing so.

Annual Appearance Requirement The bill requires registrants, within 20 calendar days after the anniversary date of their initial registration, to annually appear at the local police department or state police troop with jurisdiction where sSB901 / File No.

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96 they live to verify their registration information or update it as appropriate.

The law enforcement agency may defer the appearance to a later date for good cause.

Within 30 days before a registrant’s anniversary date, DESPP must mail written notice of the personal appearance requirement to the registrant and the appropriate local law enforcement agency.

The law enforcement agency must then notify the DESPP commissioner, within30daysafter theregistrant’sanniversary date and on a form the commissioner may prescribe, about whether (1) the registrantcompliedwiththeappearancerequirement or(2)thedate was deferred, along with the new date and the reason for the deferral.

Violations Under the bill, anyone required to register who violates the financial crimes registry requirements or fails to notify the DESPP commissioner within five business days after changing his or her name or address, is guilty of a class D felony, punishable by up to five years in prison, a fine of up to $5,000, or both.

§ 5 — DPH LONG-TERM CARE BACKGROUND CHECK PROGRAM Program Expansion By law, DPHadministersabackgroundcheckprogramfor direct care employees and volunteers of long-term care facilities (i.e., the Long- Term Care Background Check Program).

Under current law, the program includes (1) state and national criminal history record checks;

(2) a review of DPH’s nurse’s aide registry;

and (3) a review of any other registry DPH specifies.

The bill also requires the program to include a review of information from the financial crimes registry the bill establishes.

Starting July 1, 2024, DPHmust includeinformationfromtheregistry review in its Long-Term Care Background Check Program (i.e., registrants’ names, last-known addresses, and offenses).

The bill correspondingly expands the program’s list of disqualifying offenses sSB901 / File No.

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96 that prohibit someone from being a long-term care facility direct care employee or volunteer to include the crimes in the bill’s financial crimes registry.

Public Accessibility Starting August 1, 2024, the bill requires DPH to have a link on its website that allows the public to search the program by an individual’s name.

The listing must show the individual’s last known address, convictions or other disciplinary actions taken, and a general description of the offenses the individual committed.

Under current law, DPH’s program is available only to long-term care facility employers and specified state agencies.

COMMITTEE ACTION Aging Committee Joint Favorable Substitute Yea 11 Nay 4 (02/28/2023) sSB901 / File No.

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