Bill Text: CT HB05641 | 2016 | General Assembly | Comm Sub
Bill Title: An Act Concerning Provisional Pardons.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-04-21 - Referred by House to Committee on Appropriations [HB05641 Detail]
Download: Connecticut-2016-HB05641-Comm_Sub.html
General Assembly |
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February Session, 2016 |
*_____HB05641JUD___033016____* |
AN ACT CONCERNING PROVISIONAL PARDONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-130a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Jurisdiction over the granting of, and the authority to grant, commutations of punishment or releases, conditioned or absolute, in the case of any person convicted of any offense against the state and commutations from the penalty of death shall be vested in the Board of Pardons and Paroles.
(b) The board shall have authority to grant pardons, conditioned, provisional or absolute, or certificates of rehabilitation for any offense against the state at any time after the imposition and before or after the service of any sentence.
(c) (1) The board may accept an application for a pardon three years after an applicant's conviction of a misdemeanor or violation and five years after an applicant's conviction of a felony, except that the board, upon a finding of extraordinary circumstances, may accept an application for a pardon prior to such dates.
(2) The board may accept an application to have a provisional pardon converted to an absolute pardon as provided in subdivision (3) of subsection (d) of this section.
(d) (1) Whenever the board grants an absolute or provisional pardon to any person or converts a person's provisional pardon to an absolute pardon, the board shall cause notification of such pardon or conversion to be made in writing to the clerk of the court in which such person was convicted, or the Office of the Chief Court Administrator if such person was convicted in the Court of Common Pleas, the Circuit Court, a municipal court, or a trial justice court.
(2) In accordance with the provisions of section 54-142a, as amended by this act, (A) the granting of an absolute pardon or the conversion of a provisional pardon to an absolute pardon entitles a person to erasure of the record of conviction for the offense so pardoned, and (B) the granting of a provisional pardon entitles a person to a sealing of the record of the conviction of the offense so pardoned.
(3) (A) Whenever any person who was granted a provisional pardon is later convicted of a crime, as defined in section 53a-24, the board shall revoke such provisional pardon and notify the clerk of the court or any person charged with retention and control of the records in the records center of the Judicial Department or any law enforcement agency having information contained in such records that such provisional pardon is revoked and such person's records shall be unsealed in accordance with the provisions of section 54-142a, as amended by this act.
(B) Any person who has been granted a provisional pardon may apply to have such provisional pardon converted to an absolute pardon if at least five years have elapsed since the granting of such provisional pardon and such provisional pardon has not been revoked.
(e) Whenever the board grants [a provisional pardon or] a certificate of rehabilitation to any person, the board shall cause notification of such [provisional pardon or] certificate of rehabilitation to be made in writing to the clerk of the court in which such person was convicted. The granting of [a provisional pardon or] a certificate of rehabilitation does not entitle such person to erasure of the record of the conviction of the offense or relieve such person from disclosing the existence of such conviction as may be required.
(f) In the case of any person convicted of a violation for which a sentence to a term of imprisonment may be imposed, the board shall have authority to grant a pardon, conditioned, provisional or absolute, or a certificate of rehabilitation in the same manner as in the case of any person convicted of an offense against the state.
Sec. 2. Section 54-142a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect or guilty but not criminally responsible by reason of mental disease or defect.
(b) Whenever in any criminal case prior to October 1, 1969, the accused, by a final judgment, was found not guilty of the charge or the charge was dismissed, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased by operation of law and the clerk or any person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased; provided nothing in this subsection shall prohibit the arrested person or any one of his heirs from filing a petition for erasure with the court granting such not guilty judgment or dismissal, or, where the matter had been before a municipal court, a trial justice, the Circuit Court or the Court of Common Pleas with the records center of the Judicial Department and thereupon all police and court records and records of the state's attorney, prosecuting attorney or prosecuting grand juror pertaining to such charge shall be erased. Nothing in this subsection shall require the erasure of any record pertaining to a charge for which the defendant was found not guilty by reason of mental disease or defect.
(c) (1) Whenever any charge in a criminal case has been nolled in the Superior Court, or in the Court of Common Pleas, if at least thirteen months have elapsed since such nolle, all police and court records and records of the state's or prosecuting attorney or the prosecuting grand juror pertaining to such charge shall be erased, except that in cases of nolles entered in the Superior Court, Court of Common Pleas, Circuit Court, municipal court or by a justice of the peace prior to April 1, 1972, such records shall be deemed erased by operation of law and the clerk or the person charged with the retention and control of such records shall not disclose to anyone their existence or any information pertaining to any charge so erased, provided nothing in this subsection shall prohibit the arrested person or any one of his heirs from filing a petition to the court or to the records center of the Judicial Department, as the case may be, to have such records erased, in which case such records shall be erased.
(2) Whenever any charge in a criminal case has been continued at the request of the prosecuting attorney, and a period of thirteen months has elapsed since the granting of such continuance during which period there has been no prosecution or other disposition of the matter, the charge shall be nolled upon motion of the arrested person and such erasure may thereafter be effected or a petition filed therefor, as the case may be, as provided in this subsection for nolled cases.
(d) (1) Whenever prior to October 1, 1974, any person who has been convicted of an offense in any court of this state has received an absolute pardon for such offense, such person or any one of his heirs may, at any time subsequent to such pardon, file a petition with the superior court at the location in which such conviction was effected, or with the superior court at the location having custody of the records of such conviction or with the records center of the Judicial Department if such conviction was in the Court of Common Pleas, Circuit Court, municipal court or by a trial justice court, for an order of erasure, and the Superior Court or records center of the Judicial Department shall direct all police and court records and records of the state's or prosecuting attorney pertaining to such case to be erased.
(2) Whenever such absolute pardon was received on or after October 1, 1974, such records shall be erased.
(e) (1) The clerk of the court or any person charged with retention and control of such records in the records center of the Judicial Department or any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge erased under any provision of this section and such clerk or person charged with the retention and control of such records shall forward a notice of such erasure to any law enforcement agency to which he knows information concerning the arrest has been disseminated and such disseminated information shall be erased from the records of such law enforcement agency. Such clerk or such person, as the case may be, shall provide adequate security measures to safeguard against unauthorized access to or dissemination of such records or upon the request of the accused cause the actual physical destruction of such records, except that such clerk or such person shall not cause the actual physical destruction of such records until three years have elapsed from the date of the final disposition of the criminal case to which such records pertain.
(2) No fee shall be charged in any court with respect to any petition under this section.
(3) Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.
(f) (1) Whenever any person who has been convicted of an offense in any court of this state receives a provisional pardon for such offense on or after October 1, 2016, the records of such conviction shall be sealed in accordance with this subsection.
(2) (A) The clerk of the court or any person charged with retention and control of the records in the records center of the Judicial Department or any law enforcement agency having information contained in such records shall not disclose to anyone, except the subject of the record, upon submission pursuant to guidelines prescribed by the Office of the Chief Court Administrator of satisfactory proof of the subject's identity, information pertaining to any charge contained in such record and such clerk or person charged with the retention and control of such records shall forward a notice of such sealing to any law enforcement agency to which such clerk or such person knows information concerning the arrest has been disseminated and such disseminated information shall be sealed in the same manner as provided in this subsection. Such clerk or such person, as the case may be, shall provide adequate security measures to safeguard against unauthorized access to or dissemination of such records.
(B) Upon notification by the Board of Pardons and Paroles of any revocation of a person's provisional pardon pursuant to section 54-130a, as amended by this act, the clerk of the court or any person charged with retention and control of the records sealed due to a provisional pardon in the records center of the Judicial Department or any law enforcement agency having information contained in such sealed records of which the subject is the person whose provisional pardon was revoked, shall unseal such records.
(3) Any person who shall have been the subject of such sealing due to a provisional pardon during the period of time such records are sealed shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so sealed and may so swear under oath.
(4) Any such sealed record shall be erased if the provisional pardon is converted to an absolute pardon pursuant to section 54-130a, as amended by this act.
[(f)] (g) Upon motion properly brought, the court or a judge thereof, if such court is not in session, may order disclosure of such records sealed due to a provisional pardon or erased records (1) to a defendant in an action for false arrest arising out of the proceedings so sealed or erased, or (2) to the prosecuting attorney and defense counsel in connection with any perjury charges which the prosecutor alleges may have arisen from the testimony elicited during the trial. Such disclosure of such records is subject also to any records destruction program pursuant to which the records may have been destroyed. The jury charge in connection with offenses under seal due to a provisional pardon or erased offenses may be ordered by the judge for use by the judiciary, provided the names of the accused and the witnesses are omitted therefrom. In the case of records sealed due to a provisional pardon, the court may further grant access to such records to a prosecuting attorney and defense counsel in a case where the person who is the subject of such records is being prosecuted for an offense other than that which was provisionally pardoned.
[(g)] (h) The provisions of this section shall not apply to any police or court records or the records of any state's attorney or prosecuting attorney with respect to any information or indictment containing more than one count (1) while the criminal case is pending, or (2) when the criminal case is disposed of unless and until all counts are entitled to erasure in accordance with the provisions of this section, except that when the criminal case is disposed of, electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section. Nothing in this section shall require the erasure of any information contained in the registry of protective orders established pursuant to section 51-5c. For the purposes of this subsection, "electronic record" means any police or court record or the record of any state's attorney or prosecuting attorney that is an electronic record, as defined in section 1-267, or a computer printout.
[(h)] (i) For the purposes of this section, "court records" shall not include a record or transcript of the proceedings made or prepared by an official court reporter, assistant court reporter or monitor.
Sec. 3. Section 54-142c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) The clerk of the court or any person charged with retention and control of records sealed due to a provisional pardon or erased records by the Chief Court Administrator or any criminal justice agency having information contained in such sealed or erased records shall not disclose to anyone the existence of such sealed or erased records or information pertaining to any charge sealed due to a provisional pardon or erased under any provision of this part, except as otherwise provided in this chapter.
(b) Notwithstanding any other provisions of this chapter, within two years from the date of disposition of any case, the clerk of the court or any person charged with retention and control of records sealed due to a provisional pardon or erased records by the Chief Court Administrator or any criminal justice agency having information contained in such sealed or erased records may disclose to the victim of a crime or the victim's legal representative the fact that the case was dismissed. If such disclosure contains information from records sealed due to a provisional pardon or erased records, the identity of the defendant or defendants shall not be released, except that any information contained in such records, including the identity of the person charged may be released to the victim of the crime or the victim's representative upon written application by such victim or representative to the court stating (1) that a civil action has been commenced for loss or damage resulting from such act, or (2) the intent to bring a civil action for such loss or damage. Any person who obtains criminal history record information by falsely representing to be the victim of a crime or the victim's representative shall be guilty of a class D felony.
Sec. 4. Section 54-142e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Notwithstanding the provisions of subsection (e) of section 54-142a, as amended by this act, and section 54-142c, as amended by this act, with respect to any person, including, but not limited to, a consumer reporting agency as defined in subsection (h) of section 31-51i, as amended by this act, that purchases criminal matters of public record, as defined in said subsection (h), from the Judicial Department, the department shall make available to such person information concerning such criminal matters of public record that [have been] are sealed due to a provisional pardon or have been erased pursuant to section 54-142a, as amended by this act. Such information may include docket numbers or other information that permits the person to identify and permanently delete records that [have been] are sealed due to a provisional pardon or have been erased pursuant to section 54-142a, as amended by this act.
(b) Each person, including, but not limited to, a consumer reporting agency, that has purchased records of criminal matters of public record from the Judicial Department shall, prior to disclosing such records, (1) purchase from the Judicial Department, on a monthly basis or on such other schedule as the Judicial Department may establish, any updated criminal matters of public record or information available for the purpose of complying with this section, and (2) update its records of criminal matters of public record to permanently delete such erased records. Such person shall not further disclose such erased records or any records sealed due to a provisional pardon.
Sec. 5. Section 54-142g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
For purposes of this part and sections 29-11, as amended by this act, and 54-142c, as amended by this act, the following definitions shall apply:
(a) "Criminal history record information" means court records and information compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender notations of arrests, releases, detentions, indictments, informations, or other formal criminal charges or any events and outcomes arising from those arrests, releases, detentions, including pleas, trials, sentences, appeals, incarcerations, correctional supervision, paroles and releases; but does not include intelligence, presentence investigation, investigative information or any information which may be disclosed pursuant to subsection (f) of section 54-63d.
(b) "Criminal justice agency" means any court with criminal jurisdiction, the Department of Motor Vehicles or any other governmental agency created by statute which is authorized by law and engages, in fact, as its principal function in activities constituting the administration of criminal justice, including, but not limited to, organized municipal police departments, the Division of State Police, the Department of Correction, the Court Support Services Division, the Office of Policy and Management, the state's attorneys, assistant state's attorneys and deputy assistant state's attorneys, the Board of Pardons and Paroles, the Chief Medical Examiner and the Office of the Victim Advocate. "Criminal justice agency" includes any component of a public, noncriminal justice agency if such component is created by statute and is authorized by law and, in fact, engages in activities constituting the administration of criminal justice as its principal function.
(c) "Conviction information" means criminal history record information [which] that is not sealed due to a provisional pardon or has not been erased, as provided in section 54-142a, as amended by this act, and which discloses that a person has pleaded guilty or nolo contendere to, or was convicted of, any criminal offense, and the terms of the sentence.
(d) "Current offender information" means information on the current status and location of all persons who (1) are arrested or summoned to appear in court; (2) are being prosecuted for any criminal offense in Superior Court; (3) have an appeal pending from any criminal conviction; (4) are detained or incarcerated in any correctional facility in this state; or (5) are subject to the jurisdiction or supervision of any probation, parole or correctional agency in this state, including persons transferred to other states for incarceration or supervision.
(e) "Nonconviction information" means (1) criminal history record information that is sealed due to a provisional pardon or has been ["erased"] erased pursuant to section 54-142a, as amended by this act; (2) information relating to persons granted youthful offender status; (3) continuances which are more than thirteen months old. Nonconviction information does not mean conviction information or current offender information.
(f) "Disclosure" means the communication of information to any person by any means.
(g) "Dismissal" means (1) prosecution of the charge against the accused was declined pursuant to rules of court or statute; or (2) the judicial authority granted a motion to dismiss pursuant to rules of court or statute; or (3) the judicial authority found that prosecution is no longer possible due to the limitations imposed by section 54-193.
Sec. 6. Subsection (e) of section 46a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(e) In no case may records of arrest, which are not followed by a conviction, or records of convictions, which [have been] are sealed due to a provisional pardon or have been erased, be used, distributed or disseminated by the state or any of its agencies in connection with an application for employment or for a permit, license, certificate or registration.
Sec. 7. Section 54-130e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) For the purposes of this section and sections 31-51i, as amended by this act, 46a-80, as amended by this act, 54-108f, 54-130a, as amended by this act, and 54-301:
(1) "Barrier" means a denial of employment or a license based on an eligible offender's conviction of a crime without due consideration of whether the nature of the crime bears a direct relationship to such employment or license;
(2) "Direct relationship" means that the nature of criminal conduct for which a person was convicted has a direct bearing on the person's fitness or ability to perform one or more of the duties or responsibilities necessarily related to the applicable employment or license;
(3) "Certificate of rehabilitation" means a form of relief from barriers or forfeitures to employment or the issuance of licenses, other than a provisional pardon, that is granted to an eligible offender by (A) the Board of Pardons and Paroles pursuant to this section, or (B) the Court Support Services Division of the Judicial Branch pursuant to section 54-108f;
(4) "Eligible offender" means a person who has been convicted of a crime or crimes in this state or another jurisdiction and who is a resident of this state and (A) [is applying for a provisional pardon or] is under the jurisdiction of the Board of Pardons and Paroles, or (B) with respect to a certificate of rehabilitation under section 54-108f, is under the supervision of the Court Support Services Division of the Judicial Branch;
(5) "Employment" means any remunerative work, occupation or vocation or any form of vocational training, but does not include employment with a law enforcement agency;
(6) "Forfeiture" means a disqualification or ineligibility for employment or a license by reason of law based on an eligible offender's conviction of a crime; and
(7) "License" means any license, permit, certificate or registration that is required to be issued by the state or any of its agencies to pursue, practice or engage in an occupation, trade, vocation, profession or business. [; and]
[(8) "Provisional pardon" means a form of relief from barriers or forfeitures to employment or the issuance of licenses granted to an eligible offender by the Board of Pardons and Paroles pursuant to subsections (b) to (i), inclusive, of this section.]
(b) The Board of Pardons and Paroles may issue [a provisional pardon or] a certificate of rehabilitation to relieve an eligible offender of barriers or forfeitures by reason of such person's conviction of the crime or crimes specified in such [provisional pardon or] certificate of rehabilitation. Such [provisional pardon or] certificate of rehabilitation may be limited to one or more enumerated barriers or forfeitures or may relieve the eligible offender of all barriers and forfeitures. Such certificate of rehabilitation shall be labeled by the board as a "Certificate of Employability" or a "Certificate of Suitability for Licensure", or both, as deemed appropriate by the board. No [provisional pardon or] certificate of rehabilitation shall apply or be construed to apply to the right of such person to retain or be eligible for public office.
(c) The Board of Pardons and Paroles may, in its discretion, issue [a provisional pardon or] a certificate of rehabilitation to an eligible offender upon verified application of such eligible offender. The board may issue [a provisional pardon or] a certificate of rehabilitation at any time after the sentencing of an eligible offender, including, but not limited to, any time prior to the eligible offender's date of release from the custody of the Commissioner of Correction, probation or parole. Such [provisional pardon or] certificate of rehabilitation may be issued by a pardon panel of the board or a parole release panel of the board.
(d) The board shall not issue [a provisional pardon or] a certificate of rehabilitation unless the board is satisfied that:
(1) The person to whom [the provisional pardon or] the certificate of rehabilitation is to be issued is an eligible offender;
(2) The relief to be granted by [the provisional pardon or] the certificate of rehabilitation may promote the public policy of rehabilitation of ex-offenders through employment; and
(3) The relief to be granted by [the provisional pardon or] the certificate of rehabilitation is consistent with the public interest in public safety, the safety of any victim of the offense and the protection of property.
(e) In accordance with the provisions of subsection (d) of this section, the board may limit the applicability of [the provisional pardon or] the certificate of rehabilitation to specified types of employment or licensure for which the eligible offender is otherwise qualified.
(f) The board may, for the purpose of determining whether such [provisional pardon or] certificate of rehabilitation should be issued, request its staff to conduct an investigation of the applicant and submit to the board a report of the investigation. Any written report submitted to the board pursuant to this subsection shall be confidential and shall not be disclosed except to the applicant and where required or permitted by any provision of the general statutes or upon specific authorization of the board.
(g) If [a provisional pardon or] a certificate of rehabilitation is issued by the board pursuant to this section before an eligible offender has completed service of the offender's term of incarceration, probation or parole, or any combination thereof, [the provisional pardon or] the certificate of rehabilitation shall be deemed to be temporary until the eligible offender completes such eligible offender's term of incarceration, probation or parole. During the period that such [provisional pardon or] certificate of rehabilitation is temporary, the board may revoke such [provisional pardon or] certificate of rehabilitation for a violation of the conditions of such eligible offender's probation or parole. After the eligible offender completes such eligible offender's term of incarceration, probation or parole, the temporary [provisional pardon or] certificate of rehabilitation shall become permanent.
(h) The board may at any time issue a new [provisional pardon or] certificate of rehabilitation to enlarge the relief previously granted, and the provisions of subsections (b) to (f), inclusive, of this section shall apply to the issuance of any new [provisional pardon or] certificate of rehabilitation.
(i) The application for [a provisional pardon or] a certificate of rehabilitation, the report of an investigation conducted pursuant to subsection (f) of this section, [the provisional pardon or] the certificate of rehabilitation and the revocation of [a provisional pardon or] a certificate of rehabilitation shall be in such form and contain such information as the Board of Pardons and Paroles shall prescribe.
(j) If a temporary certificate of rehabilitation issued under this section or section 54-108f is revoked, barriers and forfeitures thereby relieved shall be reinstated as of the date the person to whom the temporary certificate of rehabilitation was issued receives written notice of the revocation. Any such person shall surrender the temporary certificate of rehabilitation to the issuing board or division upon receipt of the notice.
(k) The board shall revoke a [provisional pardon or] certificate of rehabilitation if the person to whom it was issued is convicted of a crime, as defined in section 53a-24, after the issuance of the [provisional pardon or] certificate of rehabilitation.
(l) Not later than October 1, 2015, and annually thereafter, the board shall submit to the Office of Policy and Management and the Connecticut Sentencing Commission, in such form as the office may prescribe, data on the number of applications received for [provisional pardons and] certificates of rehabilitation, the number of applications denied, the number of applications granted and the number of [provisional pardons and] certificates of rehabilitation revoked.
Sec. 8. Section 31-51i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) For the purposes of this section, "employer" means any person engaged in business who has one or more employees, including the state or any political subdivision of the state.
(b) No employer or employer's agent, representative or designee may require an employee or prospective employee to disclose the existence of any arrest, criminal charge or conviction, the records of which [have been] are sealed due to a provisional pardon or have been erased pursuant to section 46b-146, 54-76o or 54-142a, as amended by this act.
(c) An employment application form that contains any question concerning the criminal history of the applicant shall contain a notice, in clear and conspicuous language: (1) That the applicant is not required to disclose the existence of any arrest, criminal charge or conviction, the records of which [have been] are sealed due to a provisional pardon or have been erased pursuant to section 46b-146, 54-76o or 54-142a, as amended by this act, (2) that criminal records subject to sealing due to a provisional pardon or erasure pursuant to section 46b-146, 54-76o or 54-142a, as amended by this act, are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute or provisional pardon, and (3) that any person whose criminal records [have been] are sealed due to a provisional pardon or have been erased pursuant to section 46b-146, 54-76o or 54-142a, as amended by this act, shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings that are so sealed or erased and may so swear under oath.
(d) No employer or employer's agent, representative or designee shall deny employment to a prospective employee solely on the basis that the prospective employee had a prior arrest, criminal charge or conviction, the records of which [have been] are sealed due to a provisional pardon or have been erased pursuant to section 46b-146, 54-76o or 54-142a, as amended by this act, or that the prospective employee had a prior conviction for which the prospective employee has received a [provisional pardon or] certificate of rehabilitation pursuant to section 54-108f or 54-130a, as amended by this act. [or a certificate of rehabilitation pursuant to section 54-108f.]
(e) No employer or employer's agent, representative or designee shall discharge, or cause to be discharged, or in any manner discriminate against, any employee solely on the basis that the employee had, prior to being employed by such employer, an arrest, criminal charge or conviction, the records of which [have been] are sealed due to a provisional pardon or have been erased pursuant to section 46b-146, 54-76o or 54-142a, as amended by this act, or that the employee had, prior to being employed by such employer, a prior conviction for which the employee has received a [provisional pardon or] certificate of rehabilitation pursuant to section 54-108f or 54-130a, as amended by this act. [or a certificate of rehabilitation pursuant to section 54-108f.]
(f) The portion of an employment application form which contains information concerning the criminal history record of an applicant or employee shall only be available to the members of the personnel department of the company, firm or corporation or, if the company, firm or corporation does not have a personnel department, the person in charge of employment, and to any employee or member of the company, firm or corporation, or an agent of such employee or member, involved in the interviewing of the applicant.
(g) Notwithstanding the provisions of subsection (f) of this section, the portion of an employment application form which contains information concerning the criminal history record of an applicant or employee may be made available as necessary to persons other than those specified in said subsection (f) by:
(1) A broker-dealer or investment adviser registered under chapter 672a in connection with (A) the possible or actual filing of, or the collection or retention of information contained in, a form U-4 Uniform Application for Securities Industry Registration or Transfer, (B) the compliance responsibilities of such broker-dealer or investment adviser under state or federal law, or (C) the applicable rules of self-regulatory organizations promulgated in accordance with federal law;
(2) An insured depository institution in connection with (A) the management of risks related to safety and soundness, security or privacy of such institution, (B) any waiver that may possibly or actually be sought by such institution pursuant to section 19 of the Federal Deposit Insurance Act, 12 USC 1829(a), (C) the possible or actual obtaining by such institution of any security or fidelity bond, or (D) the compliance responsibilities of such institution under state or federal law; and
(3) An insurance producer licensed under chapter 701a in connection with (A) the management of risks related to security or privacy of such insurance producer, or (B) the compliance responsibilities of such insurance producer under state or federal law.
(h) (1) For the purposes of this subsection: (A) "Consumer reporting agency" means any person who regularly engages, in whole or in part, in the practice of assembling or preparing consumer reports for a fee, which reports compile and report items of information on consumers that are matters of public record and are likely to have an adverse effect on a consumer's ability to obtain employment, but does not include any public agency; (B) "consumer report" means any written, oral or other communication of information bearing on an individual's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living; and (C) "criminal matters of public record" means information obtained from the Judicial Department relating to arrests, indictments, convictions, outstanding judgments, and any other conviction information, as defined in section 54-142g, as amended by this act.
(2) Each consumer reporting agency that issues a consumer report that is used or is expected to be used for employment purposes and that includes in such report criminal matters of public record concerning the consumer shall:
(A) At the time the consumer reporting agency issues such consumer report to a person other than the consumer who is the subject of the report, provide the consumer who is the subject of the consumer report (i) notice that the consumer reporting agency is reporting criminal matters of public record, and (ii) the name and address of the person to whom such consumer report is being issued;
(B) Maintain procedures designed to ensure that any criminal matter of public record reported is complete and up-to-date as of the date the consumer report is issued, which procedures shall, at a minimum, conform to the requirements set forth in section 54-142e, as amended by this act.
(3) This subsection shall not apply in the case of an agency or department of the United States government seeking to obtain and use a consumer report for employment purposes if the head of the agency or department makes a written finding pursuant to 15 USC 1681b(b)(4)(A).
Sec. 9. Subsection (a) of section 29-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(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 is sealed due to a provisional pardon or has been erased pursuant to section 54-142a, as amended by this act, 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.
Sec. 10. Subsection (c) of section 46a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(c) A person may be denied employment by the state or any of its agencies, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, profession or business by reason of the prior conviction of a crime if, after considering (1) the nature of the crime and its relationship to the job for which the person has applied; (2) information pertaining to the degree of rehabilitation of the convicted person; and (3) the time elapsed since the conviction or release, the state or any of its agencies determines that the applicant is not suitable for the position of employment sought or the specific occupation, trade, vocation, profession or business for which the license, permit, certificate or registration is sought. In making a determination under this subsection, the state or any of its agencies shall give consideration to [a provisional pardon issued pursuant to section 54-130e, or] a certificate of rehabilitation issued pursuant to section 54-108f or 54-130e, as amended by this act, and such [provisional pardon or] certificate of rehabilitation shall establish a presumption that such applicant has been rehabilitated. If an application is denied based on a conviction for which the applicant has received a [provisional pardon or] certificate of rehabilitation, the state or any of its agencies, as the case may be, shall provide a written statement to the applicant of its reasons for such denial.
Sec. 11. Section 54-142k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Each person or agency holding conviction information or nonconviction information shall establish reasonable hours and places of inspection of such information.
(b) Each person or agency holding conviction information or nonconviction information shall (1) update such information promptly whenever related criminal history record information is sealed due to a provisional pardon or unsealed due to a revocation of a provisional pardon, erased, modified or corrected or when a pardon is granted; and (2) post on any conviction information or nonconviction information available to the public a notice that the criminal history record information may change daily due to provisional pardons, erasures, corrections, pardons and other modifications to individual criminal history record information and that the person or agency cannot guarantee the accuracy of the information except with respect to the date the information is disclosed or obtained.
(c) Conviction information shall be available to the public for any purpose.
(d) Nonconviction information shall be available to the subject of the information and to the subject's attorney pursuant to this subsection and subsection (e) of this section. Any person shall, upon satisfactory proof of the person's identity, be entitled to inspect, for purposes of verification and correction, any nonconviction information relating to the person and upon the person's request shall be given a computer printout or photocopy of such information for which a reasonable fee may be charged, provided no sealed or erased record may be released except as provided in subsection [(f)] (g) of section 54-142a, as amended by this act. 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.
(e) Any person may authorize, in writing, an agency holding nonconviction information pertaining directly to the person to disclose such information to the person's attorney. The holding agency shall permit such attorney to inspect and obtain a copy of such information if both the attorney's identity and that of the attorney's client are satisfactorily established, provided no erased record may be released unless the attorney attests to such attorney's client's intention to challenge the accuracy of such record.
(f) Any person who obtains nonconviction information by falsely representing to be the subject of the information shall be guilty of a class D felony.
Sec. 12. Section 54-301 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) Not later than January 1, 2016, the Connecticut Sentencing Commission shall post data on its Internet web site that the commission received from the Board of Pardons and Paroles pursuant to subsection (l) of section 54-130e, as amended by this act, and the Court Support Services Division of the Judicial Branch pursuant to section 54-108f, and shall update such data on its Internet web site annually thereafter.
(b) The Connecticut Sentencing Commission, or its designee, shall evaluate the effectiveness of provisional pardons issued pursuant to section 54-130a, as amended by this act, and certificates of rehabilitation issued pursuant to section 54-108f or 54-130e, as amended by this act, [and certificates of rehabilitation issued pursuant to section 54-108f,] at promoting the public policy of rehabilitating ex-offenders consistent with the public interest in public safety, the safety of crime victims and the protection of property. Such evaluation shall continue for a period of three years from October 1, 2015. The commission shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary not later than January 15, 2016, January 15, 2017, and January 15, 2018, on the effectiveness of such provisional pardons and certificates of rehabilitation at promoting such public policy and public interest. Such report shall include recommendations, if any, for amendments to the general statutes governing such provisional pardons and certificates of rehabilitation in order to promote such public policy and public interest.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2016 |
54-130a |
Sec. 2 |
October 1, 2016 |
54-142a |
Sec. 3 |
October 1, 2016 |
54-142c |
Sec. 4 |
October 1, 2016 |
54-142e |
Sec. 5 |
October 1, 2016 |
54-142g |
Sec. 6 |
October 1, 2016 |
46a-80(e) |
Sec. 7 |
October 1, 2016 |
54-130e |
Sec. 8 |
October 1, 2016 |
31-51i |
Sec. 9 |
October 1, 2016 |
29-11(a) |
Sec. 10 |
October 1, 2016 |
46a-80(c) |
Sec. 11 |
October 1, 2016 |
54-142k |
Sec. 12 |
October 1, 2016 |
54-301 |
Statement of Legislative Commissioners:
In Section 1(c)(1), "or a certificate of rehabilitation" was deleted for accuracy, Section 1(d)(3)(B) was rewritten for clarity, in Sections 2, 3, 4 and 8, grammatical and clarifying changes were made to language describing a record sealed due to a provisional pardon, in Section 2(f)(4), "54-130f" was changed to "54-130a" for accuracy, in Section 11(b), language was clarified re a record unsealed due to the revocation of a provisional pardon and in Section 11(d), a reference to "subsection (f) of section 54-142a" was changed to "subsection [(f)] (g) of section 54-142a" for accuracy.
JUD |
Joint Favorable Subst. |