§ 29-11 — State Police Bureau of Identification. Fees. Agreements re fingerprinting. Regulations.

Connecticut § 29-11

• Jurisdiction: Connecticut
• Title 29: Public Safety and State Police
• Ch. 529: Division of State Police

Text

(a) The bureau in the Division of State Police within the Department of Emergency Services and Public Protection known as the State Police Bureau of Identification shall be maintained for the purposes of: (1) Providing an authentic record of each person sixteen years of age or over who is charged with the commission of any crime involving moral turpitude, (2) providing definite information relative to the identity of each person so arrested, (3) providing a record of the final judgment of the court resulting from such arrest, unless such record has been erased pursuant to section 54-142a, and (4) maintaining a central repository of complete criminal history record disposition information. The Commissioner of Emergency Services and Public Protection is directed to maintain the State Police Bureau of Identification, which bureau shall receive, classify and file in an orderly manner all fingerprints, pictures and descriptions, including previous criminal records as far as known of all persons so arrested, and shall classify and file in a like manner all identification material and records received from the government of the United States and from the various state governments and subdivisions thereof, and shall cooperate with such governmental units in the exchange of information relative to criminals. The State Police Bureau of Identification shall accept fingerprints of applicants for admission to the bar of the state and, to the extent permitted by federal law, shall exchange state, multistate and federal criminal history records with the State Bar Examining Committee for purposes of investigation of the qualifications of any applicant for admission as an attorney under section 51-80. The record of all arrests reported to the bureau after March 16, 1976, shall contain information of any disposition within ninety days after the disposition has occurred. (b) Any cost incurred by the State Police Bureau of Identification in conducting any name search and fingerprinting of applicants for admission to the bar of the state shall be paid from fees collected by the State Bar Examining Committee. (c) (1) (A) The Commissioner of Emergency Services and Public Protection shall charge the following fees for the service indicated: (i) Name search, thirty-six dollars; (ii) fingerprint search, seventy-five dollars; (iii) personal record search, seventy-five dollars; (iv) letters of good conduct search, seventy-five dollars; (v) bar association search, seventy-five dollars; (vi) fingerprinting, fifteen dollars; and (vii) criminal history record information search, seventy-five dollars. (B) The commissioner may waive fees imposed under subparagraph (A)(vii) of this subdivision for any applicant requesting a criminal history record information search for the purpose of applying for a pardon authorized pursuant to section 54-124a , provided such applicant completes a form prescribed by the Department of Emergency Services and Public Protection representing such person's indigency. (2) Except as provided in subsection (b) of this section, the provisions of this subsection shall not apply to any (A) federal, state or municipal agency, (B) volunteer fire company or department, or (C) volunteer ambulance service or company. The commissioner shall not require a volunteer fire company or department or a volunteer ambulance service or company to provide proof of insurance as a condition to receiving the waiver of fees pursuant to the provisions of this subsection. (d) The Commissioner of Emergency Services and Public Protection may enter into one or more agreements with independent contractors requiring such contractors to receive and transmit by electronic means fingerprints and demographic information to the State Police Bureau of Identification for the processing of criminal history records checks. The commissioner shall require such contractors to comply with terms and conditions as the commissioner shall prescribe to protect and ensure the security, privacy, confidentiality and value of the fingerprints and demographic information received and transmitted by such contractors. The commissioner may authorize such contractors to charge a convenience fee, which shall not exceed thirty dollars, for fingerprinting. (e) The Commissioner of Emergency Services and Public Protection may adopt regulations, in accordance with the provisions of chapter 54, necessary to implement the provisions of the National Child Protection Act of 1993, the Violent Crime Control and Law Enforcement Act of 1994, the Volunteers for Children Act of 1998, and the National Crime Prevention and Privacy Compact as provided in section 29-164f to provide for national criminal history records checks to determine an employee's or volunteer's suitability and fitness to care for the safety and well-being of children, the elderly and individuals with disabilities.

Legislative History

(1949 Rev., S. 3653; P.A. 76-333, S. 1; P.A. 77-614, S. 486, 610; P.A. 78-200, S. 3; P.A. 90-151, S. 1, 3; May Sp. Sess. P.A. 92-6, S. 55, 117; P.A. 94-117, S. 3; P.A. 98-170; P.A. 07-246, S. 1; June Sp. Sess. P.A. 09-3, S. 307; P.A. 11-51, S. 134; P.A. 13-32, S. 12; June Sp. Sess. P.A. 17-2, S. 666; P.A. 18-161, S. 1; P.A. 21-32, S. 7; June Sp. Sess. P.A. 21-2, S. 84; P.A. 22-7, S. 1.) History: P.A. 76-333 added word “police” in references to “state police bureau of identification”; P.A. 77-614 made state police department a division within the department of public safety and replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 78-200 set off purposes for maintaining identification bureau with Subdiv. indicators, substituted “sixteen years of age or over” for “over sixteen years of age” in Subdiv. (1), added reference to erasure of records in Subdiv. (3), added new Subdiv. (4) re central repository of criminal history record disposition information and required that arrest records contain disposition information within 90 days of disposition after March 16, 1976; P.A. 90-151 added provisions re acceptance of fingerprints of applicants for admission to the bar and exchange of criminal history records with the bar examining committee; May Sp. Sess. P.A. 92-6 added new Subsec. (c) to establish fees for name search, fingerprint search, personal record search, letters of good conduct, bar association search and fingerprinting; P.A. 94-117 amended Subsec. (c) by adding fee of $15 for criminal history record search and $10 for each copy of a search; P.A. 98-170 amended Subsec. (c) by increasing the fee for a name search to $18 and the fees for a fingerprint search, personal record search, letters of good conduct search, bar association search or criminal history record information search to $25 and by deleting fee for copies of searches; P.A. 07-246 added Subsec. (d) re regulations; June Sp. Sess. P.A. 09-3 amended Subsec. (c) to increase fees; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, effective July 1, 2011; P.A. 13-32 amended Subsec. (a) to make technical changes, effective July 1, 2013; June Sp. Sess. P.A. 17-2 amended Subsec. (c) to increase fees for fingerprint, personal record, letters of good conduct, bar association and criminal history record information searches from $50 to $75, effective December 1, 2017, and applicable to background check services requested on or after December 1, 2017; P.A. 18-161 added new Subsec. (d) re agreements with independent contractors to receive and transmit fingerprints and demographic information, redesignated existing Subsec. (d) as Subsec. (e), and made a technical change, effective July 1, 2018; P.A. 21-32 amended Subsec. (c) by designating existing language as Subdiv. (1) and redesignating existing Subdivs. (1) to (7) as Subparas. (A) to (G) and by adding Subdiv. (2) re waiver of fees, effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (c) to designate existing provisions re fees in Subdiv. (1) as Subpara. (A) and redesignate existing Subparas. (A) to (G) as clauses (i) to (vii), redesignate existing Subdiv. (2) as Subpara. (B), designate existing provision re exception as new Subdiv. (2) and amend the same by designating existing provision re federal, state or municipal agency as Subpara. (A), adding Subpara. (B) re volunteer fire company or department, adding Subpara. (C) re volunteer ambulance service or company and adding provision re proof of insurance, and make a technical change, effective July 1, 2021; P.A. 22-7 amended Subsec. (d) to delete Subdiv. (1) re fee for fingerprinting under Subsec. (c), delete Subdiv. (2) designator and increase maximum convenience fee from $15 to $30, effective July 1, 2022. Cited. 196 C. 430. Cited. 40 CA 705; judgment reversed, see 240 C. 590. Subsec. (c): Since request for digital copy of information for every adult in data base of Department of Correction not a request for criminal history information under statute, fee for information established under Sec. 1-211(a). 261 C. 86.