(a) A DNA profile that has been included in the data bank pursuant to sections 54-102g to 54-102k, inclusive, shall be expunged in the event that (1) the criminal conviction or the finding of not guilty by reason of mental disease or defect on which the authority for including the person's DNA profile was based has been reversed and the case dismissed, or (2) if the DNA profile of a person has been included in the data bank on account of the person being arrested as provided in subsection (a) of section 54-102g, the charge has been dismissed or nolled or the person has been acquitted of the charge.
(b) The Division of Scientific Services within the Department of Emergency Services and Public Protection shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a certified copy of (1) the court order reversing and dismissing the conviction or the finding of not guilty by reason of mental disease or defect, or (2) the court order dismissing or nolling the charge or acquitting the person of the charge.
(P.A. 94-246, S. 6; P.A. 10-36, S. 28; P.A. 11-91, S. 2; 11-207, S. 3.)
History: P.A. 10-36 made provisions applicable upon reversal of finding of not guilty by reason of mental disease or defect and made technical changes, effective July 1, 2010; P.A. 11-91 substituted “State Police Forensic Science Laboratory” with “Division of Scientific Services within the Department of Public Safety”, effective July 8, 2011 (Revisor's note: “Department of Public Safety” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” to conform with changes made by P.A. 11-51); P.A. 11-207 inserted Subsec. (a) and (b) designators, amended Subsec. (a) to replace provision re person “may request expungement” of DNA profile upon reversal of conviction or finding of not guilty by reason of mental disease or defect and dismissal of case with provision re profile “shall be expunged” upon such reversal and dismissal, designate existing provision re reversal and dismissal as Subdiv. (1) and add new Subdiv. (2) re dismissal, nolle or acquittal of charge when profile included on account of person being arrested as provided in Sec. 54-102g(a), and amended Subsec. (b) to delete former Subdiv. (1) re written request for expungement, redesignate existing Subdiv. (2) re court order reversing and dismissing conviction or finding of not guilty by reason of mental disease or defect as Subdiv. (1) and add new Subdiv. (2) re court order dismissing or nolling the charge or acquitting the person of the charge.
Structure Connecticut General Statutes
Chapter 961 - Trial and Proceedings after Conviction
Section 54-77a. - Establishing venue and selecting jurors for the town of Plymouth.
Section 54-82. - Accused's election of trial by court or by jury. Number of jurors.
Section 54-82a. - Test of insanity as defense.
Section 54-82b. - Right to trial by jury.
Section 54-82c. (Formerly Sec. 54-139). - Prisoner's right to speedy trial on pending charges.
Section 54-82e. (Formerly Sec. 54-141). - Mentally ill person not covered.
Section 54-82f. - Voir dire examination.
Section 54-82g. (Formerly Sec. 51-242). - Peremptory challenges in criminal prosecution.
Section 54-82h. - Alternate jurors in criminal cases. Peremptory challenges.
Section 54-82i. (Formerly Sec. 54-22). - Attendance of witnesses in criminal proceedings.
Section 54-82j. (Formerly Sec. 54-23). - Detention of witnesses. Warrant.
Section 54-82k. (Formerly Sec. 54-24). - Recognizance; commitment; release; fees.
Section 54-82q. - Temporary restraining order prohibiting harassment of witness.
Section 54-82r. - Protective order prohibiting harassment of witness.
Section 54-82s. - The Leroy Brown, Jr. and Karen Clarke Witness Protection Program.
Section 54-82t. - Protective services for witness at risk of harm.
Section 54-82u. - Witness protection agreement.
Section 54-84. - Testimony or silence of accused.
Section 54-84a. - Testimony against spouse.
Section 54-84b. - Testimony of spouse re confidential communications.
Section 54-85. - Witness to testify with regard to bribery at elections.
Section 54-85a. - Sequestering of witnesses in criminal prosecution.
Section 54-85e. - Photograph of deceased victim shown to jury during opening and closing arguments.
Section 54-85g. - Advisement to crime victims re constitutional rights by judge at arraignment.
Section 54-86a. - Certain evidence to be made available to defendant.
Section 54-86b. - Right of accused to examine statements.
Section 54-86c. - Disclosure of exculpatory information or material.
Section 54-86d. - Nondisclosure of address and telephone number by victims of certain crimes.
Section 54-86f. - Admissibility of evidence of sexual conduct.
Section 54-86h. - Competency of child as witness.
Section 54-86i. - Testimony of expert witness re mental state or condition of defendant.
Section 54-86j. - Polygraph examination of victims of sexual assault restricted.
Section 54-86k. - Admissibility of results of DNA analysis.
Section 54-86o. - Jailhouse witnesses in a criminal prosecution.
Section 54-88. - State to open and close arguments.
Section 54-89. - Direction of court to jury.
Section 54-91. - When sentence to be passed.
Section 54-91a. (Formerly Sec. 54-109). - Presentence investigation of defendant.
Section 54-91d. - Referral of persons to youth service bureaus.
Section 54-91g. - Sentencing of a child for class A or B felony.
Section 54-92. - Pronouncement of sentence.
Section 54-92a. (Formerly Sec. 54-120). - Commitment to custody of Commissioner of Correction.
Section 54-92c. (Formerly Sec. 17-381). - Women attendants.
Section 54-94. - Sentence of persons between sixteen and seventeen.
Section 54-95. - Appeal by defendant in criminal prosecution; stay of execution.
Section 54-95a. (Formerly Sec. 54-17). - Jurisdiction of Superior Court.
Section 54-95b. - Reopening judgment in certain motor vehicle and criminal cases.
Section 54-96. - Appeals by the state from Superior Court in criminal cases.
Section 54-96a. (Formerly Sec. 54-13). - Appeal vacated by payment of fine.
Section 54-97. - Mittimus required for commitment to correctional facility.
Section 54-99. - Period within which death penalty inflicted.
Section 54-100. - Method of inflicting death penalty. Attendance at execution.
Section 54-100a. - Committee on news media access to executions. Selection of news media witnesses.
Section 54-101. - Disposition of person becoming insane after death sentence.
Section 54-102. - Burial or disposal of body of executed criminal.
Section 54-102b. - HIV testing of persons convicted of certain sexual offenses.
Section 54-102c. - HIV information and test results provided to victim.
Section 54-102h. - Procedure for collection of blood or other biological sample for DNA analysis.
Section 54-102i. - Procedure for conducting DNA analysis of blood or other biological sample.
Section 54-102j. - Dissemination of information in DNA data bank.
Section 54-102l. - Expungement of DNA data bank records and destruction of samples.
Section 54-102m. - DNA Data Bank Oversight Panel.
Section 54-102aa. - Tuberculosis testing: Definitions. Requirements.
Section 54-102bb. - Procedures for evaluation of tuberculosis infection.
Section 54-102cc. - Tuberculosis infection control committee.
Section 54-102ee. - Department contract option for testing of tuberculosis.
Section 54-102jj. - Preservation of biological evidence.
Section 54-102kk. - DNA testing of biological evidence.
Section 54-102pp. - Review of wrongful convictions.
Section 54-102uu. - Compensation for wrongful incarceration.
Section 54-103. - Commission on Adult Probation.
Section 54-103a. - Office of Adult Probation.
Section 54-108. - Duties of probation officers.
Section 54-108a. - Supervision of probationers.
Section 54-108b. - Risk assessment and monitoring standards developed by Chief Court Administrator.
Section 54-121. - Indeterminate sentence.
Section 54-123. - Transportation of prisoner discharged from jail.
Section 54-123a. - Judicial Department duties re alternative sanctions and incarceration programs.
Section 54-124. - Board of Parole. Appointment and duties of executive secretary.
Section 54-124a. - Board of Pardons and Paroles.
Section 54-124b. - Caseload of parole officers.
Section 54-124d. - Criminal history records check of Board of Parole personnel.
Section 54-125. - Parole of prisoner serving indeterminate sentence.
Section 54-125b. - Parole of prisoner after administrative review without a hearing.
Section 54-125c. - Sexual offender treatment as precondition for parole hearing.
Section 54-125d. - Deportation parole of aliens.
Section 54-125e. - Special parole. Conditions. Duration. Violation. Hearing. Disposition.
Section 54-125f. - Pilot zero-tolerance drug supervision program.
Section 54-125g. - Parole of prisoner nearing end of maximum sentence.
Section 54-125h. - Transfer of prisoner granted parole and nearing parole release date.
Section 54-125i. - Parole of prisoner without a hearing.
Section 54-125j. - Reporting re outcomes of parole revocation hearings.
Section 54-126. - Rules and regulations concerning parole. Enforcement.
Section 54-126a. - Testimony of crime victim at parole hearing. Notification to victim.
Section 54-127a. - Parole revocation and rescission hearings.
Section 54-128. - Period of confinement in correctional institution after parole violation.
Section 54-129. - Discharge of paroled prisoner.
Section 54-130. - State Prison for Women not covered.
Section 54-130c. (Formerly Sec. 18-30). - Information about prisoner.
Section 54-130e. - Provisional pardons. Certificates of rehabilitation.
Section 54-130f. - Pardon eligibility notice.
Section 54-131. - Employment of paroled or discharged prisoners. Interviews.
Section 54-131a. - Release of inmate on medical parole.
Section 54-131b. - Eligibility for medical parole.
Section 54-131c. - Medical diagnosis.
Section 54-131d. - Conditions of release on medical parole.
Section 54-131e. - Requests for medical diagnosis.
Section 54-131f. - Special panel. Emergency review.
Section 54-131g. - Effect on parole or other release.
Section 54-131k. - Compassionate parole release.
Section 54-132. - Definitions.
Section 54-133. - Interstate Compact for Adult Offender Supervision.
Section 54-142. - Destruction of notes received for unpaid fines.