Substitute House Bill No. 5132

Public Act No. 00-64

An Act Concerning Disclosure Of Information.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 54-91a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No defendant convicted of a crime, other than a capital felony, the punishment for which may include imprisonment for more than one year, may be sentenced, or [his] the defendant's case otherwise disposed of, until a written report of investigation by a probation officer has been presented to and considered by the court, if [(1)] the defendant is so convicted for the first time in this state; [or (2) his record, as shown by the prosecuting official, discloses a conviction obtained prior to five years from the finding of guilty in the present prosecution;] but any court may, in its discretion, order a presentence investigation for a defendant convicted of any crime or offense other than a capital felony.

(b) A defendant who is convicted of a crime and is not eligible for sentence review pursuant to section 51-195 may, with the consent of the sentencing judge and the prosecuting official, waive the presentence investigation.

(c) Whenever an investigation is required, the probation officer shall promptly inquire into the circumstances of the offense, the attitude of the complainant or victim, or of the immediate family where possible in cases of homicide, and the criminal record, social history and present condition of the defendant. Such investigation shall include an inquiry into any damages suffered by the victim, including medical expenses, loss of earnings and property loss. All local and state police agencies shall furnish to the probation officer such criminal records as the probation officer may request. When in the opinion of the court or the investigating authority it is desirable, such investigation shall include a physical and mental examination of the defendant. If the defendant is committed to any institution, the investigating agency shall send the reports of such investigation to the institution at the time of commitment. Such investigation shall include an inquiry into whether the Department of Correction recommends that the defendant participate in a special alternative incarceration program in accordance with section 53a-39b.

(d) Any information contained in the files or report of an investigation pursuant to this section shall be available to the Office of the Bail Commission for the purpose of performing the duties contained in section 54-63d and to the Department of Mental Health and Addiction Services for purposes of diagnosis and treatment.

Sec. 2. Subsection (a) of section 54-142m of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A criminal justice agency holding nonconviction information may disclose it to persons or agencies not otherwise authorized (1) for the purposes of research, evaluation or statistical analysis or (2) if there is a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to such agreement. The judicial branch may disclose nonconviction information to a state agency pursuant to an agreement to provide services related to the collection of moneys due. Any such disclosure of information shall be limited to that information necessary for the collection of moneys due. Pursuant to an agreement, the judicial branch may disclose nonconviction information to the Department of Mental Health and Addiction Services for the administration of court-ordered evaluations and the provision of programs and services to persons with psychiatric disabilities and substance abuse treatment needs.

Approved May 16, 2000