March 30, 2010

Connecticut's effort to comply with the Adam Walsh Act ?

3-30-2010 Connecticut:

Connecticut is making every effort to comply with the Adam Walsh Act? Really?

Below is -one section- of what is being proposed to be effective 10-1-2010. In essence, the state wants to know about ANY former sex offender (BUT not persons who will commit a sex offense! OK, I'm a smart alec) who may CROSS their state lines, BEFOREHAND!

It is getting so that, in order for a RSO to travel they will need a bank of lawyers before moving one inch anywhere. Laws such as these -if ever passed- cannot pass constitutional muster, these are not laws that any reasonable man, much less someone with any kind of learning disability, could understand BEFOREHAND! i.e, before breaking the law.

Is there anyone in this legislature who has any logic?

Oh yes, one more thing, notice what is highlighted in RED, well, if someone does come to Connecticut and register as required by law, then leave Connecticut, they must come back to Connecticut for every change in law whereever they live. Study the red section, after leaving if any of those change, come back and tell Connecticut IN PERSON!

PS: This law would put Connecticut in conflict with the Adam Walsh Act which speaks in terms of 3 days! But, as they say, AWA is a floor not a ceiling....

Sec. 5. Section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect or adjudicated a delinquent child, who is subject to the provisions of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248 in any other state, in a federal, military or Indian tribal court or in any foreign country of any crime (1) the essential elements of which are substantially the same as any of the crimes specified in subdivisions (10), (11) and (12) of section 54-250, as amended by this act, or (2) which requires registration as a sexual offender in such other state, in the federal, military or Indian tribal system or in such foreign country, and who resides in this state on and after October 1, 2010, shall provide to the Commissioner of Public Safety, in writing, not less than forty-eight hours prior to entering the state, such person's name, date of birth and residence address, the state, the federal, military or Indian tribal system or the foreign country where such person is required to register as a sexual offender and the locations where such person is employed or is enrolled as a student, and shall, within three business days of residing in this state, register with the Commissioner of Public Safety in accordance with section 7 of this act in the same manner as if such person had been convicted or found not guilty by reason of mental disease or defect of such crime in this state, except that the commissioner shall maintain such registration until such person is released from the registration requirement in such other state, federal, military or Indian tribal system or foreign country or, if such person is required to register under subdivision (1) of this subsection, shall maintain such registration in the same manner as if such person had been convicted or found not guilty by reason of mental disease or defect of such crime in this state, except for purposes of determining the period of registration under section 2 or 3 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, military or tribal system or foreign country.

(b) Any person not a resident of this state who is registered or is required to register as a sexual offender under the laws of any other state, the federal, military or Indian tribal system or a foreign country and who is employed in this state, carries on a vocation in this state or is a student in this state, shall provide to the Commissioner of Public Safety, in writing, not less than forty-eight hours prior to entering the state, such person's name, date of birth and residence address, the state, the federal, military or Indian tribal system or the foreign country where such person is required to register as a sexual offender and the locations where such person is employed, carries on a vocation or is enrolled as a student, and shall, not later than three business days after the commencement of such employment, vocation or education in this state, appear in person at the Department of Public Safety or a location designated by the department and register with the Commissioner of Public Safety in accordance with section 7 of this act and shall maintain such registration until such employment, vocation or education terminates or until such person is released from registration as a sexual offender in such other state, federal, military or Indian tribal system or foreign country. If such person terminates such person's employment, vocation or education in this state such person shall, not later than three business days after such termination, appear in person at the Department of Public Safety or at a location designated by the department and notify the Commissioner of Public Safety in writing of such termination.

(c) Any person not a resident of this state who is registered or is required to be registered as a sexual offender under the laws of any other state, the federal, military or Indian tribal system or a foreign country and who will be entering and remaining in this state for a period of less than five days shall notify the Commissioner of Public Safety in writing not less than forty-eight hours prior to entering the state of such person's name, date of birth and temporary residence address in this state, the state, the federal, military or Indian tribal system or the foreign country where such person is required to register as a sexual offender, the nature of such person's stay in this state, the locations where such person will be while in this state, a telephone number at which such person may be contacted and the dates such person will be in this state and the date such person will be leaving. Any person not a resident of this state who enters this state under the provisions of this subsection and who remains in this state for five or more days shall register with the Commissioner of Public Safety in the same manner as provided in subsection (a) of this section and shall do so not later than three business days after the fifth day such person has remained in this state after entry.

(d) Any person who is a registered sexual offender under the laws of any other state who enters this state and fails to notify the Commissioner of Public Safety in writing not less than forty-eight hours prior to entering the state of the information required under this section or falsely reports such information shall be guilty of a class D felony.

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

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