Sec. 54-250. Definitions.
Sec. 54-250. Definitions. For the purposes of sections 54-102g and 54-250 to 54-258a, inclusive:
(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) "Criminal offense against a victim who is a minor" means (A) a violation of
subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000,
subdivision (2) of subsection (a) of section 53-21, subdivision (2) of subsection (a) of
section 53a-70, subdivision (1), (4), (8) or (10) or subparagraph (B) of subdivision (9)
of subsection (a) of section 53a-71, subdivision (2) of subsection (a) of section 53a-72a,
subdivision (2) of subsection (a) of section 53a-86, subdivision (2) of subsection (a) of
section 53a-87, section 53a-90a, 53a-196a, 53a-196b, 53a-196c, 53a-196d, 53a-196e
or 53a-196f, (B) a violation of subparagraph (A) of subdivision (9) of subsection (a) of
section 53a-71 or section 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-96 or 53a-186,
provided the court makes a finding that, at the time of the offense, the victim was under
eighteen years of age, (C) a violation of any of the offenses specified in subparagraph
(A) or (B) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (D) a violation of any predecessor statute to any offense specified
in subparagraph (A), (B) or (C) of this subdivision the essential elements of which are
substantially the same as said offense.
(3) "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.
(4) "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 sexual acts to a degree that makes the person
a menace to the health and safety of other persons.
(5) "Nonviolent sexual offense" means (A) a violation of section 53a-73a or subdivision (2) of subsection (a) of section 53a-189a, or (B) a violation of any of the offenses
specified in subparagraph (A) of this subdivision for which a person is criminally liable
under section 53a-8, 53a-48 or 53a-49.
(6) "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
notwithstanding any pending appeal or habeas corpus proceeding arising from such
finding.
(7) "Personality disorder" means a condition as defined in the most recent edition
of the Diagnostic and Statistical Manual of Mental Disorders, published by the American
Psychiatric Association.
(8) "Registrant" means a person required to register under section 54-251, 54-252,
54-253 or 54-254.
(9) "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 criminal offenses
against victims who are minors, nonviolent sexual offenses, sexually violent offenses
and felonies found by the sentencing court to have been committed for a sexual purpose.
(10) "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 criminal offense against a victim
who is a minor, a nonviolent sexual offense, a sexually violent offense or a felony found
by the sentencing court to have been committed for a sexual purpose, (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 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 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 or upon termination of commitment to
the Psychiatric Security Review Board.
(11) "Sexually violent offense" means (A) a violation of section 53a-70, except
subdivision (2) of subsection (a) of said section, 53a-70a, 53a-70b, 53a-71, except subdivision (1), (4), (8) or (10) or subparagraph (B) of subdivision (9) of subsection (a) of
said section or subparagraph (A) of subdivision (9) of subsection (a) of said section if
the court makes a finding that, at the time of the offense, the victim was under eighteen
years of age, 53a-72a, except subdivision (2) of subsection (a) of said section, or 53a-72b, or of section 53a-92 or 53a-92a, provided the court makes a finding that the offense
was committed with intent to sexually violate or abuse the victim, (B) a violation of any
of the offenses specified in subparagraph (A) of this subdivision for which a person
is criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a violation of any
predecessor statute to any of the offenses specified in subparagraph (A) or (B) of this
subdivision the essential elements of which are substantially the same as said offense.
(12) "Sexual purpose" means that a purpose of the defendant in committing the
felony was to engage in sexual contact or sexual intercourse with another person without
that person's consent. A sexual purpose need not be the sole purpose of the commission
of the felony. The sexual purpose may arise at any time in the course of the commission
of the felony.
(13) "Employed" or "carries on a vocation" means employment that is full-time or
part-time for more than fourteen days, or for a total period of time of more than thirty
days during any calendar year, whether financially compensated, volunteered or for the
purpose of government or educational benefit.
(14) "Student" means a person who is enrolled on a full-time or part-time basis, in
any public or private educational institution, including any secondary school, trade or
professional institution or institution of higher learning.
(P.A. 98-111, S. 1; P.A. 99-183, S. 1, 13; P.A. 01-84, S. 22, 26; P.A. 02-89, S. 85; 02-132, S. 51; May 9 Sp. Sess. P.A.
02-7, S. 78; P.A. 04-139, S. 10; 04-188, S. 4; 04-234, S. 2; P.A. 06-187, S. 31-33; 06-196, S. 292.)
History: P.A. 99-183 made definitions applicable to new Sec. 54-258a but specific reference not added since said Sec.
already included in existing reference to Secs. 54-250 to 54-259, inclusive, amended the definition of "conviction" to add
"notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment", amended definition of
"criminal offense against a victim who is a minor" to revise Subpara. (A) by deleting a violation of "subparagraph (A) or
(D) of subdivision (1) of subsection (a) or subdivision (6) of subsection (a) of section 53a-73a" and including a violation
of section "53a-196c or 53a-196d" and to add Subpara. (D) re a violation of any predecessor statute with substantially the
same essential elements, amended the definition of "identifying factors" to replace "photographs" with "a photographic
image", added definition of "nonviolent sexual offense" as new Subdiv. (5), renumbering the remaining definitions accordingly, amended definition of "not guilty by reason of mental disease or defect" to add "notwithstanding any pending appeal
or habeas corpus proceeding arising from such finding", amended definition of "registry" to include a central record system
in "the federal government", include information on persons convicted or found not guilty by reason of mental disease or
defect of "nonviolent sexual offenses" and replace "sexual purposes" with "a sexual purpose", amended the definition of
"release into the community" to add reference to "a nonviolent sexual offense", replace "sexual purposes" with "a sexual
purpose", and revise Subpara. (A) by including "any release by a court after such conviction or finding of not guilty by
reason of mental disease or defect" and replacing "offender's placement" with "offender's immediate placement", amended
definition of "sexually violent offense" to delete from Subpara. (A) reference to a violation of section "53a-73a, except
subparagraph (A) or (D) of subdivision (1) of subsection (a) of said section or subdivision (6) of subsection (a) of said
section" and to add Subpara. (C) re a violation of any predecessor statute with substantially the same essential elements,
and added definition of "sexual purpose" as Subdiv. (12), effective July 1, 1999; P.A. 01-84 amended Subdiv. (2)(A) to
replace reference to "a violation of subdivision (2) of section 53-21" with "a violation of subdivision (2) of section 53-21
of the general statutes in effect prior to October 1, 2000," and include a violation of "subdivision (2) of subsection (a) of
section 53-21", effective July 1, 2001; P.A. 02-89 replaced reference in the introductory language to Sec. 54-259 with Sec.
54-258a, reflecting repeal of Sec. 54-259 by the same public act; P.A. 02-132 amended Subdiv. (10)(B) by replacing
"Office of Adult Probation" with "Court Support Services Division"; May 9 Sp. Sess. P.A. 02-7 added Subdiv. (13) defining
"employed" or "carries on a vocation" and Subdiv. (14) defining "student", effective August 15, 2002; P.A. 04-139 amended
Subdiv. (2)(A) to include a violation of Sec. 53a-90a, 53a-196e or 53a-196f; P.A. 04-188 amended Subdiv. (3) to authorize
the commissioner to require the taking of a biological sample other than a blood sample; P.A. 04-234 replaced Board of
Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 06-187 amended Subdiv. (2)(A) to include a violation
of Sec. 53a-71(a)(9)(B) or Sec. 53a-71(a)(10), amended Subdiv. (2)(B) to include a violation of Sec. 53a-71(a)(9)(A),
amended Subdiv. (5) to designate the specified violation of Sec. 53a-73a as Subpara. (A) and include therein a violation
of Sec. 53a-189a(a)(2) and add Subpara. (B) to include a violation of any of the offenses specified in Subpara. (A) for
which a person is criminally liable under Sec. 53a-8, 53a-48 or 53a-49, and amended Subdiv. (11)(A) to exclude a violation
of Sec. 53a-71(a)(9)(B) or Sec. 53a-71(a)(10) and exclude a violation of Sec. 53a-71(a)(9)(A) if court finds that, at the
time of the offense, the victim was under 18 years of age, effective July 1, 2006; P.A. 06-196 changed effective date of
P.A. 06-187, S. 31-33 from July 1, 2006, to October 1, 2006, effective June 7, 2006.
Subdiv. (2):
Pursuant to Subpara. (B), trial court retains jurisdiction with respect to the finding of a trigger for registration, even
after the rendering of judgment. 264 C. 484.