AN ACT CREATING A VIOLENT OFFENDER REGISTRY.

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

Section 1. (NEW) (Effective October 1, 2007) As used in sections 1 to 4, inclusive, of this act:

(1) "Conviction" means a judgment entered by a court upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment.

(2) "Not guilty by reason of mental disease or defect" means a finding by a court or jury of not guilty by reason of mental disease or defect pursuant to section 53a-13 of the general statutes notwithstanding any pending appeal or habeas corpus proceeding arising from such finding.

(3) "Violent offense" means (A) murder under section 53a-54a of the general statutes, (B) manslaughter in the first degree under section 53a-55 of the general statutes, (C) felony murder under section 53a-54c of the general statutes, (D) arson murder under section 53a-54d of the general statutes, (E) manslaughter in the first degree with a firearm under section 53a-55a of the general statutes, (F) assault in the first degree under section 53a-59 or 53a-59a of the general statutes, (G) kidnapping in the first degree when the victim is a minor under section 53a-92a of the general statutes, (H) conspiracy to commit one or more of the offenses listed in subparagraphs (A) to (G), inclusive, of this subdivision under section 53a-48 of the general statutes, or (I) criminal attempt to commit one or more of the offenses listed in subparagraphs (A) to (G), inclusive, of this subdivision under section 53a-49 of the general statutes.

(4) "Identifying factors" means fingerprints, a photographic image and a description of any other identifying characteristics as may be required by the Commissioner of Public Safety. The commissioner shall also require a sample of the registrant's blood or other biological sample be taken for DNA (deoxyribonucleic acid) analysis, unless such sample has been previously obtained in accordance with section 54-102g of the general statutes.

(5) "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal violent acts to a degree that makes the person a menace to the health and safety of other persons.

(6) "Registrant" means a person required to register under section 2 or 3 of this act.

(7) "Registry" means a central record system in this state, any other state or the federal government that receives, maintains and disseminates information on persons convicted or found not guilty by reason of mental disease or defect of violent offenses.

(8) "Release into the community" means, with respect to a conviction or a finding of not guilty by reason of mental disease or defect of a violent offense, (A) any release by a court after such conviction or finding of not guilty by reason of mental disease or defect, a sentence of probation or any other sentence under section 53a-28 of the general statutes that does not result in the offender's immediate placement in the custody of the Commissioner of Correction; (B) release from a correctional facility at the discretion of the Board of Pardons and Paroles, by the Department of Correction to a program authorized by section 18-100c of the general statutes or upon completion of the maximum term or terms of the offender's sentence or sentences, or to the supervision of the Court Support Services Division in accordance with the terms of the offender's sentence; or (C) release from a hospital for mental illness or a facility for persons with mental retardation by the Psychiatric Security Review Board on conditional release pursuant to section 17a-588 of the general statutes or upon termination of commitment to the Psychiatric Security Review Board.

Sec. 2. (NEW) (Effective October 1, 2007) (a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a violent offense, and (1) is released into the community on or after October 1, 1996, and prior to October 1, 2007, and resides in this state, shall, on October 1, 2007, or not later than three days after residing in this state, whichever is later, or (2) is released into the community on or after October 1, 2007, shall, not later than three days after such release, register such person's name, identifying factors, criminal history record, documentation of any treatment received for mental abnormality or personality disorder, and residence address with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct, and shall maintain such registration for ten years for a first violent offense, and for life for a second violent offense. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a violent offense, the court shall (A) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (B) determine that the person fully understands the consequences of the plea. If such person changes such person's address such person shall, not later than five days after such change of address, register the new address, in writing, with the Commissioner of Public Safety, and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher education in this state, such person shall notify the Commissioner of Public Safety of such status and of any change in such status.

(b) Notwithstanding the provisions of subsection (a) of this section, during the initial registration period following October 1, 2007, the Commissioner of Public Safety may phase-in completion of the registration procedure for persons released into the community prior to said date over the first three months following said date, and no such person shall be prosecuted for failure to register under this section during those three months provided such person complies with the directives of said commissioner regarding registration procedures.

(c) Any person who violates the provisions of this section shall be guilty of a class D felony.

Sec. 3. (NEW) (Effective October 1, 2007) (a) Any person who has been convicted or found not guilty by reason of a mental disease or defect in any other state, in a federal or military court or in any foreign jurisdiction of a violent offense the essential elements of which are substantially the same as any of the crimes specified in subdivision (3) of section 1 of this act and who resides in this state on and after October 1, 2007, shall, not later than ten days after residing in this state, register with the Commissioner of Public Safety in the same manner as if such person had been convicted or found not guilty of by reason of such crime in this state, except that for purposes of determining the ten-year period of registration under section 2 of this act such person shall be deemed to have initially registered on the date of such person's release into the community in such other state, federal or military system or foreign jurisdiction.

(b) Any person not a resident of this state who is registered as a violent offender under the laws of any other state and who is employed in this state, carries on a vocation in this state or is a student in this state, shall, not later than five days after the commencement of such employment, vocation or education in this state, register such person's name, identifying factors, criminal history record, locations visited on a recurring basis or residence address, if any, in this state, and residence address in such person's home state with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct and shall maintain such registration until such employment, vocation or education terminates or until such person is released from registration as a violent offender in such other state. If such person terminates such person's employment, vocation or education in this state or changes such person's address in this state, such person shall, not later than five days after such change of address, provide notice, in writing, to the Commissioner of Public Safety.

(c) If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher education in this state, such person shall notify the Commissioner of Public Safety of such status and of any change in such status.

(d) Any person not a resident of this state who is registered as a violent offender under the laws of any other state and who travels in this state on a recurring basis for periods of less than five days shall notify the Commissioner of Public Safety of such person's temporary residence in this state and of a telephone number at which such person may be contacted.

Sec. 4. (NEW) (Effective October 1, 2007) The Department of Public Safety shall, not later than January 1, 2008, establish and maintain a registry of all persons required to register under sections 2 and 3 of this act. The Department of Public Safety shall verify the address of each registrant by mailing a nonforwardable verification form to the registrant at the registrant's last reported address. Such form shall require the registrant to sign a statement that the registrant continues to reside at the registrant's last reported address and return the form by mail by a date which is ten days after the date such form was mailed to the registrant. Each person required to register under sections 2 and 3 of this act shall have such person's address verified in such manner every six months after such person's initial registration date. In the event that a registrant fails to return the address verification form, the Department of Public Safety shall notify the local police department or the state police troop having jurisdiction over the registrant's last reported address, and that agency shall apply for a warrant to be issued for the registrant's arrest under section 2 or 3 of this act, as the case may be. The Department of Public Safety shall not verify the address of registrants whose last reported address was outside this state.