Sec. 54-76l. Records or other information of youth to be confidential. Exceptions. Protective order information to be entered in registry.
Sec. 54-76l. Records or other information of youth to be confidential. Exceptions. Protective order information to be entered in registry. (a) The records or other
information of a youth, other than a youth arrested for or charged with the commission
of a crime which is a class A felony or a violation of section 14-222a, subsection (a) of
section 14-224, section 14-227a or 14-227g, subdivision (2) of subsection (a) of section
53-21 or section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, except a violation involving consensual sexual intercourse or sexual contact between the youth and
another person who is thirteen years of age or older but under sixteen years of age,
including fingerprints, photographs and physical descriptions, shall be confidential and
shall not be open to public inspection or be disclosed except as provided in this section,
but such fingerprints, photographs and physical descriptions submitted to the State Police Bureau of Identification of the Division of State Police within the Department of
Public Safety at the time of the arrest of a person subsequently adjudged, or subsequently
presumed or determined to be eligible to be adjudged, a youthful offender shall be
retained as confidential matter in the files of the bureau and be opened to inspection
only as provided in this section. Other data ordinarily received by the bureau, with regard
to persons arrested for a crime, shall be forwarded to the bureau to be filed, in addition
to such fingerprints, photographs and physical descriptions, and be retained in the division as confidential information, open to inspection only as provided in this section.
(b) The records of any such youth, or any part thereof, may be disclosed to and
between individuals and agencies, and employees of such agencies, providing services
directly to the youth, including law enforcement officials, state and federal prosecutorial
officials, school officials in accordance with section 10-233h, court officials, the Division of Criminal Justice, the Court Support Services Division and an advocate appointed
pursuant to section 54-221 for a victim of a crime committed by the youth. Such records
shall also be available to the attorney representing the youth, in any proceedings in
which such records are relevant, to the parents or guardian of such youth, until such
time as the youth reaches the age of majority or is emancipated, and to the youth upon
his or her emancipation or attainment of the age of majority, provided proof of the
identity of such youth is submitted in accordance with guidelines prescribed by the Chief
Court Administrator. Such records shall also be available to members and employees
of the Board of Pardons and Paroles and employees of the Department of Correction
who, in the performance of their duties, require access to such records, provided the
subject of the record has been adjudged a youthful offender and sentenced to a term of
imprisonment or been convicted of a crime in the regular criminal docket of the Superior
Court, and such records are relevant to the performance of a risk and needs assessment
of such person while such person is incarcerated, the determination of such person's
suitability for release from incarceration or for a pardon, or the determination of the
supervision and treatment needs of such person while on parole or other supervised
release. Such records disclosed pursuant to this subsection shall not be further disclosed.
(c) The records of any such youth, or any part thereof, may be disclosed upon order
of the court to any person who has a legitimate interest in the information and is identified
in such order. Records or information disclosed pursuant to this subsection shall not be
further disclosed.
(d) The records of any such youth, or any part thereof, shall be available to the
victim of the crime committed by such youth to the same extent as the record of the
case of a defendant in a criminal proceeding in the regular criminal docket of the Superior
Court is available to a victim of the crime committed by such defendant. The court shall
designate an official from whom such victim may request such information. Information
disclosed pursuant to this subsection shall not be further disclosed.
(e) Any reports and files held by the Court Support Services Division regarding any
such youth who served a period of probation may be accessed and disclosed by employees of the division for the purpose of performing the duties contained in section 54-63b.
(f) Information concerning any such youth who has escaped from an institution to
which such youth has been committed or for whom an arrest warrant has been issued
may be disclosed by law enforcement officials.
(g) The information contained in and concerning the issuance of any protective
order issued in a case in which a person is presumed or determined to be eligible to be
adjudged a youthful offender shall be entered in the registry of protective orders pursuant
to section 51-5c and may be further disclosed as specified in said section.
(h) The records of any youth adjudged a youthful offender for a violation of section
14-215 or 14-222, subsection (b) of section 14-223 or subsection (b) or (c) of section
14-224 shall be disclosed to the Department of Motor Vehicles for administrative use
in determining whether suspension of such person's motor vehicle operator's license is
warranted. The commissioner shall suspend the motor vehicle operator's license of such
youth for six months for a first offense and one year for a second or subsequent offense.
Such records disclosed pursuant to this subsection shall not be further disclosed.
(i) The provisions of this section, as amended by public act 05-232, apply to offenses
committed after January 1, 2006, and do not affect any cases pending on said date or
any investigations involving offenses committed prior to said date.
(1971, P.A. 72, S. 11; P.A. 76-333, S. 6; P.A. 77-486, S. 4, 5; 77-614, S. 486, 610; P.A. 80-165, S. 2; P.A. 81-472, S.
95, 159; P.A. 82-140, S. 2; P.A. 94-221, S. 16; July Sp. Sess. P.A. 94-2, S. 11; P.A. 95-225, S. 34; 95-261, S. 3; P.A. 98-81, S. 10; 98-256, S. 12; P.A. 99-215, S. 17; P.A. 00-209, S. 3; P.A. 02-132, S. 57; P.A. 04-234, S. 2; P.A. 05-232, S. 7;
P.A. 06-196, S. 186; Jan. Sp. Sess. P.A. 08-1, S. 24; P.A. 08-32, S. 12.)
History: P.A. 76-333 added the word "police" in agency designated as "state police bureau of identification"; P.A. 77-486 required that records be made available to judges and adult probation officers in connection with sentencing procedures;
P.A. 77-614 made state police department a division within the department of public safety, effective January 1, 1979;
P.A. 80-165 added provision re availability of records to crime victims; P.A. 81-472 made technical corrections; P.A. 82-140 permitted disclosure of identity of person charged to the victim if victim intends to bring a civil action for damages
or person is adjudged a youthful offender; P.A. 94-221 replaced alphabetic with numeric Subdiv. indicators and added
Subdiv. (3) re the disclosure of the identity of a person who is adjudged a youthful offender to the superintendent of schools
for the school district in which such person resides and limited the use of such information by the superintendent; July Sp.
Sess. P.A. 94-2 added a new Subdiv. (3) re the availability to a state's attorney of records concerning a youth adjudged a
youthful offender for the violation of certain firearm-related offenses, renumbering former Subdiv. (3) as Subdiv. (4); P.A.
95-225 substantially revised section by designating existing provisions as Subsec. (a) and amending said Subsec. to specify
that the records shall be confidential and not be disclosed except as provided in this section, delete former Subdivs. (1) to
(4), inclusive, re exceptions to the prohibition on disclosure and delete provision that granted any institution to which a
youth is committed the right to inspect any of the records of any person committed to it as a youthful offender without a
court order, adding Subsec. (b) re disclosure of the records to certain individuals and agencies, adding Subsec. (c) re
disclosure of the records to any person who has a legitimate interest therein upon order of the court and adding Subsec.
(d) re availability of the records to the victim of the crime; P.A. 95-261 added Subsec. (b), designated by the Revisors as
Subsec. (e), re disclosure of reports and files of Office of Adult Probation re youth adjudged youthful offender to Office of
the Bail Commission; P.A. 98-81 amended Subsec. (b) by adding provision that records be available to attorney representing
youth, parent or guardian, until youth reaches age of majority or is emancipated, and to youth upon attainment of age of
majority, provided proof of identity of such youth is submitted to court in accordance with guidelines prescribed by Chief
Court Administrator; P.A. 98-256 amended Subsec. (b) to make provisions applicable to records of a youth adjudged a
youthful offender "on or after October 1, 1995"; P.A. 99-215 amended Subsec. (b) by adding "emancipation or" and
making a technical change; P.A. 00-209 added new Subsec. (f) authorizing the disclosure by law enforcement officials of
information concerning a youth who has escaped from an institution or for whom an arrest warrant has been issued; P.A.
02-132 amended Subsec. (a) by making technical changes, amended Subsec. (b) by replacing "Office of Adult Probation,
the Office of the Bail Commission" with "Court Support Services Division", amended Subsec. (e) by replacing "Office
of Adult Probation" with "Court Support Services Division", replacing "disclosed to the Office of the Bail Commission"
with "accessed and disclosed by employees of the division" and adding provision re youthful offender who served a period
of probation and added Subsec. (g) re entry of information into registry of protective orders pursuant to Sec. 51-5c, effective
January 1, 2003; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A.
05-232 amended Subsec. (a) by adding "or other information", replacing "any youth adjudged a youthful offender" with
"a youth", adding exception for youth arrested for or charged with certain crimes and adding "or subsequently presumed
or determined to be eligible to be adjudged", amended Subsec. (b) by replacing "any youth adjudged a youthful offender
on or after October 1, 1995," with "any such youth" and making a technical change, amended Subsecs. (c), (d), (e) and (f)
by replacing "any youth adjudged a youthful offender" with "any such youth", amended Subsec. (g) by replacing "found
eligible" with "presumed or determined to be eligible" and added Subsec. (h) re applicability of amended section, effective
January 1, 2006; P.A. 06-196 made a technical change in Subsec. (d), effective June 7, 2006; Jan. Sp. Sess. P.A. 08-1
amended Subsec. (b) to delete Board of Pardons and Paroles from existing list of service providing individuals and agencies
to which records may be disclosed and add provision re availability of records to members and employees of Board of
Pardons and Paroles and employees of Department of Correction, effective January 25, 2008; P.A. 08-32 amended Subsec.
(a) to provide that confidentiality provisions do not apply to records or other information of a youth arrested for or charged
with the commission of a violation of Sec. 14-222a, 14-224(a), 14-227a or 14-227g, added new Subsec. (h) re disclosure
to Department of Motor Vehicles of records of youth adjudged youthful offender for violation of Sec. 14-215, 14-222, 14-223(b) or 14-224(b) or (c), suspension of the operator's license of any such youth and prohibition on further disclosure,
and redesignated existing Subsec. (h) as Subsec. (i), effective August 1, 2008.
Cited. 173 C. 414. Cited. 179 C. 98. Cited. 189 C. 92 (Diss. Op.). Cited. 192 C. 85. Cited. 240 C. 743.
Cited. 34 CA 535.
Cited. 30 CS 71. Cited. 33 CS 599. Cited. 38 CS 675.