§ 54-258 — Availability of registration information. Immunity.

Connecticut § 54-258

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 969: Registration of Sexual Offenders

Text

(a)(1) Notwithstanding any other provision of the general statutes, except subdivisions (3), (4) and (5) of this subsection, the registry maintained by the Department of Emergency Services and Public Protection shall be a public record and shall be accessible to the public during normal business hours. The Department of Emergency Services and Public Protection shall make registry information available to the public through the Internet. Not less than once per calendar quarter, the Department of Emergency Services and Public Protection shall issue notices to all print and electronic media in the state regarding the availability and means of accessing the registry. Each local police department and each state police troop shall keep a record of all registration information transmitted to it by the Department of Emergency Services and Public Protection, and shall make such information accessible to the public during normal business hours. (2) (A) Any state agency, the Judicial Department, any state police troop or any local police department may, at its discretion, notify any government agency, private organization or individual of registration information when such agency, said department, such troop or such local police department, as the case may be, believes such notification is necessary to protect the public or any individual in any jurisdiction from any person who is subject to registration under section 54-251 , 54-252 , 54-253 or 54-254 . (B) (i) Whenever a registrant is released into the community, or whenever a registrant changes such registrant's residence address and notifies the Department of Emergency Services and Public Protection of such change pursuant to section 54-251 , 54-252 , 54-253 or 54-254 , the Department of Emergency Services and Public Protection shall, by electronic mail, notify the superintendent of schools for the school district in which the registrant resides, or plans to reside, of such release or new residence address, and provide such superintendent with the same registry information for such registrant that the department makes available to the public through the Internet under subdivision (1) of this subsection. (ii) Whenever a registrant is released into the community, or whenever a registrant changes such registrant's residence address and notifies the Department of Emergency Services and Public Protection of such change pursuant to section 54-251 , 54-252 , 54-253 or 54-254 , the Department of Emergency Services and Public Protection shall, by electronic mail, notify the chief executive officer of the municipality in which the registrant resides, or plans to reside, of such release or new residence address, and provide such chief executive officer with the same registry information for such registrant that the department makes available to the public through the Internet under subdivision (1) of this subsection. (3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, state agencies, the Judicial Department, state police troops and local police departments shall not disclose the identity of any victim of a crime committed by a registrant or treatment information provided to the registry pursuant to sections 54-102g and 54-250 to 54-258a , inclusive, except to government agencies for bona fide law enforcement or security purposes. (4) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, registration information the dissemination of which has been restricted by court order pursuant to section 54-255 and which is not otherwise subject to disclosure, shall not be a public record and shall be released only for law enforcement purposes until such restriction is removed by the court pursuant to said section. (5) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a registrant's electronic mail address, instant message address or other similar Internet communication identifier shall not be a public record, except that the Department of Emergency Services and Public Protection may release such identifier for law enforcement or security purposes in accordance with regulations adopted by the department. The department shall adopt regulations in accordance with chapter 54 to specify the circumstances under which and the persons to whom such identifiers may be released including, but not limited to, providers of electronic communication service or remote computing service, as those terms are defined in section 54-260b , and operators of Internet web sites, and the procedure therefor. (6) When any registrant completes the registrant's term of registration or is otherwise released from the obligation to register under section 54-251 , 54-252 , 54-253 or 54-254 , the Department of Emergency Services and Public Protection shall notify any state police troop or local police department having jurisdiction over the registrant's last reported residence address that the person is no longer a registrant, and the Department of Emergency Services and Public Protection, state police troop and local police department shall remove the registrant's name and information from the registry. (b) Neither the state nor any political subdivision of the state nor any officer or employee thereof, shall be held civilly liable to any registrant by reason of disclosure of any information regarding the registrant that is released or disclosed in accordance with subsection (a) of this section. The state and any political subdivision of the state and, except in cases of wanton, reckless or malicious conduct, any officer or employee thereof, shall be immune from liability for good faith conduct in carrying out the provisions of subdivision (2) of subsection (a) of this section.

Legislative History

(P.A. 98-111, S. 9; P.A. 99-183, S. 9, 13; P.A. 02-89, S. 89; June Sp. Sess. P.A. 07-4, S. 96; P.A. 09-199, S. 1; P.A. 11-51, S. 134; P.A. 14-192, S. 6; 14-213, S. 1; P.A. 15-14, S. 18; P.A. 23-193, S. 2.) History: P.A. 99-183 amended Subsec. (a) to add exception for Subdivs. (3) and (4) of said Subsec., designate provisions re notification as new Subdiv. (2) and amend said Subdiv. to replace “The Department of Public Safety” with “Any state agency, the Judicial Department” and make technical changes, redesignate former Subdiv. (2) as Subdiv. (3) and amend said Subdiv. to replace “Notwithstanding the provisions of subdivision (1) of this subsection, the Department of Public Safety,” with “Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, state agencies, the Judicial Department,”, add Subdiv. (4) providing that registration information the dissemination of which has been restricted by court order pursuant to Sec. 54-255 and is not otherwise subject to disclosure shall not be a public record and shall be released only for law enforcement purposes, redesignate former Subdiv. (3) as Subdiv. (5) and amend said Subdiv. to make provisions applicable when a registrant “completes the registrant's term of registration or is otherwise released from the obligation to register” rather than when a registrant “is released from the obligation to register” and to replace provision that when notified a person is no longer a registrant the Department of Public Safety, state police troop and local police department “shall remove and destroy all registration information pertaining to the person and shall make no further disclosure of such information to any government agency, private organization or individual” with provision that said department, troop and local police department “shall remove the registrant's name and information from the registry”, amended Subsec. (b) to replace “Neither the state nor any municipality, nor any branch, agency or employee thereof, shall be liable” with “Neither the state nor any political subdivision of the state nor any officer or employee thereof, shall be held civilly liable” and to add provision that the state and any political subdivision of the state and, except in cases of wanton, reckless or malicious conduct, any officer or employee thereof, shall be immune from liability for good faith conduct in carrying out Subsec. (a)(2), effective July 1, 1999; P.A. 02-89 amended Subsec. (a) (3) to replace reference to Sec. 54-259 with Sec. 54-258a, reflecting repeal of Sec. 54-259 by the same public act; June Sp. Sess. P.A. 07-4 amended Subsec. (a) to except in Subdiv. (1) the provisions of Subdiv. (5), add new Subdiv. (5) re confidentiality and authorized release of registrant's electronic mail address, instant message address or other similar Internet communication identifier and adoption of regulations specifying when and to whom such identifiers may be released and the procedure therefor and redesignate existing Subdiv. (5) as Subdiv. (6); P.A. 09-199 amended Subsec. (a)(2) to designate existing provisions as Subpara. (A) and add Subpara. (B) re notification by electronic mail of, and provision of registry information to, the appropriate superintendent of schools whenever a registrant is released into the community, effective September 1, 2009; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsec. (a), effective July 1, 2011; P.A. 14-192 amended Subsec. (a)(2)(B) to designate existing provisions as Subdiv. (1) and add Subdiv. (2) re notice to chief executive officer of municipality in which registrant resides or plans to reside, effective July 1, 2014; P.A. 14-213 amended Subsec. (a)(2)(B) to designate existing provisions as Subdiv. (1) and amend same to add provision re notification when registrant changes address and notifies Department of Emergency Services and Public Protection of such change, and to add Subdiv. (2) re notification to chief executive officer of municipality upon release or change of address of registrant, effective July 1, 2014; P.A. 15-14 made technical changes in Subsec. (a)(2); P.A. 23-193 amended Subsec. (a)(2)(B)(i) and (ii) to replace “address” with “residence address”. “Registration information” in Subsec. (a)(4) means any information that is received, maintained and disseminated by the registry. 298 C. 703.