CHAPTER 961a
CRIMINAL RECORDS

Table of Contents

Sec. 54-142k. Availability of conviction information and nonconviction information.
Sec. 54-142q. Criminal Justice Information System Governing Board to oversee offender-based tracking system. Members. Duties and responsibilities.
Sec. 54-142r. Availability of data in offender-based tracking system. Procedures for obtaining data.

PART II
SECURITY AND PRIVACY OF CRIMINAL RECORDS

      Sec. 54-142k. Availability of conviction information and nonconviction information. (a) Each person or agency holding conviction information or nonconviction information shall establish reasonable hours and places of inspection of such information.

      (b) Conviction information shall be available to the public for any purpose.

      (c) Nonconviction information shall be available to the subject of the information and to such person's attorney pursuant to this subsection and subsection (d) of this section. Any person shall, upon satisfactory proof of his identity, be entitled to inspect, for purposes of verification and correction, any nonconviction information relating to him and upon his request shall be given a computer printout or photocopy of such information for which a reasonable fee may be charged, provided no erased record may be released except as provided in subsection (f) of section 54-142a. Before releasing any exact reproductions of nonconviction information to the subject of the information, the agency holding such information may remove all personal identifying information from such reproductions.

      (d) Any person may authorize, in writing, an agency holding nonconviction information pertaining directly to such person to disclose such information to his attorney-at-law. The holding agency shall permit such attorney to inspect and obtain a copy of such information if both his identity and that of his client are satisfactorily established, provided no erased record may be released unless such attorney attests to his client's intention to challenge the accuracy of such record.

      (e) Any person who obtains nonconviction information by falsely representing to be the subject of the information shall be guilty of a class D felony.

      (P.A. 78-200, S. 10; P.A. 79-631, S. 12, 111; P.A. 80-218; June Sp. Sess. P.A. 83-29, S. 78, 82; P.A. 85-604; P.A. 89-28; P.A. 90-104; P.A. 92-134, S. 2; 92-262, S. 16, 42; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 94-117, S. 2; P.A. 05-152, S. 10.)

      History: P.A. 79-631 substituted reference to Sec. 54-142a(f) for reference to Sec. 54-90(j) in Subsec. (c); P.A. 80-218 added Subsec. (f) re disclosure of criminal conviction information to department of children and youth services or other youth service agencies; June Sp. Sess. P.A. 83-29 added Subsec. (g) re disclosure of criminal conviction record information to the department of mental retardation and confidentiality of such information; P.A. 85-604 added Subsecs. (h) and (i) re disclosure of criminal conviction information to the departments of human resources and health services and confidentiality of such information; P.A. 89-28 added Subsec. (j) re disclosure of criminal conviction information to family division of superior court and confidentiality of such information; P.A. 90-104 added Subsec. (k) concerning access to records by the department of mental health; P.A. 92-134 added Subsec. (l) re disclosure of criminal conviction information to the attorney general or an attorney representing a party in any juvenile matter and confidentiality of such information; P.A. 92-262 added Subsec.(m) concerning the department of education's right to criminal conviction records of applicants for certification and persons certified under Sec. 10-145b; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 94-117 amended Subsec. (b) to provide that conviction information shall be available to public for any purpose, amended Subsec. (e) by adding phrase "other than conviction information" and changed "record" to "information" and deleted Subsecs. (f) to (m), inclusive, re access of various agencies to criminal conviction records of certain people; P.A. 05-152 amended Subsec. (a) by replacing "criminal history record information" with "conviction information or nonconviction information", amended Subsec. (c) by adding provision re availability of nonconviction information to the subject of the information and such person's attorney and by making technical changes, made a technical change in Subsec. (d) and amended Subsec. (e) by replacing "criminal history record information other than conviction information" with "nonconviction information".

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      Sec. 54-142q. Criminal Justice Information System Governing Board to oversee offender-based tracking system. Members. Duties and responsibilities. (a) As used in this section, (1) "governing board" means the Criminal Justice Information System Governing Board established in this section, and (2) "offender-based tracking system" means the information system described in subsection (b) of this section.

      (b) There shall be a Criminal Justice Information System Governing Board which shall be within the Office of Policy and Management for administrative purposes only. The governing board shall oversee an information system that enables, as determined by the governing board and subject to this chapter, criminal justice agencies, as defined in subsection (b) of section 54-142g, and the Division of Public Defender Services to share criminal history record information, as defined in subsection (a) of section 54-142g, and to access electronically maintained offender and case data involving felonies, misdemeanors, violations, motor vehicle violations, motor vehicle offenses for which a sentence to a term of imprisonment may be imposed, and infractions.

      (c) The governing board shall be composed of the Chief Court Administrator, who shall serve as chairperson, the Commissioner of Public Safety, the Commissioner of Emergency Management and Homeland Security, the Secretary of the Office of Policy and Management, the Commissioner of Correction, the chairperson of the Board of Pardons and Paroles, the Chief State's Attorney, the Chief Public Defender, the Chief Information Officer of the Department of Information Technology, the Victim Advocate, the Commissioner of Motor Vehicles and the president of the Connecticut Police Chiefs Association. Each member of the governing board may appoint a designee who shall have the same powers as such member.

      (d) The governing board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary. A majority of the members shall constitute a quorum for the transaction of business.

      (e) The duties and responsibilities of the governing board shall be to: (1) Oversee the operations and administration of the offender-based tracking system; (2) establish such permanent and ad hoc committees as it deems necessary, with appointments to such committees not restricted to criminal justice agencies; (3) recommend any legislation necessary for implementation, operation and maintenance of the offender-based tracking system; (4) establish and implement policies and procedures to meet the system-wide objectives, including the provision of appropriate controls for data access and security; and (5) perform all necessary functions to facilitate the coordination and integration of the offender-based tracking system.

      (f) A member of the governing board, a member of a permanent or an ad hoc committee established by the governing board, and any person operating and administering the offender-based tracking system shall be deemed to be "state officers and employees" for the purposes of chapter 53 and section 5-141d.

      (g) Information that may be accessed by the Division of Public Defender Services pursuant to subsection (b) of this section shall be limited to: (1) Conviction information, as defined in subsection (c) of section 54-142g, (2) information that is otherwise available to the public, and (3) information, including no conviction information, concerning a client whom the division has been appointed by the court to represent and is representing at the time of the request for access to such information.

      (P.A. 99-14, S. 1, 2; P.A. 00-20, S. 2-4; P.A. 04-219, S. 24; 04-234, S. 2; P.A. 05-178, S. 1.)

      History: P.A. 99-14 effective May 12, 1999; P.A. 00-20 amended Subsec. (a) to authorize the Division of Public Defender Services to participate in the offender-based tracking system and added Subsec. (f) to limit the types of information that the division may access, effective April 25, 2000; P.A. 04-219 amended Subsec. (b) to add the Commissioner of Emergency Management and Homeland Security, effective January 1, 2005; P.A. 04-234 replaced Board of Pardons and Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 05-178 inserted definitions of "governing board" and "offender-based tracking system" as new Subsec. (a), redesignated existing Subsecs. (a) to (f) as Subsecs. (b) to (g) and amended redesignated Subsec. (b) to require that governing board be within the Office of Policy and Management for administrative purposes only, to delete definition of "offender-based tracking system" and to make technical changes.

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      Sec. 54-142r. Availability of data in offender-based tracking system. Procedures for obtaining data. (a) Any data in the offender-based tracking system, as defined in section 54-142q, shall be available to the Chief Information Officer of the Department of Information Technology and the executive director of a division of or unit within the Judicial Department that oversees information technology or to such persons' designees for the purpose of maintaining and administering such system.

      (b) Any data in such system from an information system of a criminal justice agency, as defined in subsection (b) of section 54-142g, that is available to the public under the provisions of the Freedom of Information Act, as defined in section 1-200, shall be obtained from the agency from which such data originated. The Secretary of the Office of Policy and Management shall provide to any person who submits a request for such data to the Criminal Justice Information System Governing Board, pursuant to said act, the name and address of the agency from which such data originated.

      (P.A. 05-178, S. 2.)

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