What are Address Verifications?

Individuals on Connecticut’s sex offense registry are required by state law to confirm their address by returning a letter mailed by the Department of Emergency Services and Public Protection (DESPP) every three months. The signed letter must be received by DESPP within 10 days.

The statutes governing the verifications include Sec. 54-251, 54-252, 54-253 and 54-254

How are verifications enforced?

If the address verification letter is not received within 10 days, the individual is determined to be ‘non-compliant,’ and notice is provided to the local police. In Connecticut, ‘failure to verify’ is a strict liability Class ‘D’ felony, punishable by up to 5 years in prison and/or the extension of the term of probation.

Does the Current Law Work?

NO. It results in convictions of individuals who are living in a registered address but whose paperwork is simply lost or late. Addresses are verified every 90 days, so an arbitrary 10-day return requirement serves no purpose. There is no indication that a late verification letter is predictive of repeat offenses or recidivism.

Enforcement is inconsistent, solely determined by the local police department. Some who are non-compliant are never arrested, others are arrested years after they became non-compliant. 44% of those convicted face no sentence, another 43% receive suspended sentences, but the new felony.

Does the Current Law Cause Harm?

YES. Being strict liability with no consideration of intent, late/lost mail, personal or family illness, or other extenuating circumstances can result in prison time for people who would otherwise be productive citizens. Felony convictions result in lost employment and a reversal of years of fragile gains through rehabilitation. This hurts families and incurs significant cost to the State, clogging the courts with non-criminal behavior.

The homeless are particularly vulnerable. Without an address, they have no way to comply with the law and can only slip further into marginalization.

How Should it Change?

• Preserve a Class “D” felony charge in instances where the failure to verify address was in furtherance of another criminal act.
• Otherwise, classify the offense as an infraction, resulting fine at the judge’s discretion
• Decriminalize homelessness, by allowing those without an address to call-in to Public Safety to confirm their location.

What is Judicial Review of Probation?

For most crimes in Connecticut, there is a statutory limit on the term of probation: 5 years. Additionally, people on probation can ask a judge to reduce this term “after hearing and for good cause shown” (Sec. 53a-33).

What Needs to Change?

The statutory limit on probation does not include 23 select sexual offenses that carry a mandatory 10 to 35-year enhanced probation. Additionally, any who have these enhanced probation terms are excluded from having access to judicial review of their probation term.

All those who have been sentenced should have the right to a sentencing review based on their individual circumstance.

Does the Current Law Keep Communities Safe?

NO. This legislation was last modified over 20 years ago, before there was a clear understanding of recidivism risk for sexual offenses. Now there is consensus through research that there is no meaningful risk of re-offense after as few as three crime-free years for those categorized as low risk. The Judicial Branch’s January 2024 Supervision of Sex Offenders report notes that “Relative to the general probation population, the recidivism rate for sex offenders is significantly lower.”

Excessive probation policies cannot be justified for low-risk individuals. Law enforcement’s resources are better spent where there is risk.

Does the Current Law Cause Harm?

YES. It is well known that instability of housing, employment, and social support contributes to re-offense. Punitive probationary terms increase the likelihood that rehabilitation will be unsuccessful. And higher probation officer caseloads are correlated with recidivism.

Additionally, unnecessary probation costs the State. On average, probation staffing support costs less than $6000 per probationer over a 22-month term. Mandatory probation costs the state from $32,000 to $115,000 per probationer, and this “enhanced” probation requires resources beyond standard probation.

How Should it Change?

• Remove the review exclusion of specific offenses from Sec. 53a-33 and 53a-29.
• Allow judicial review to terminate or reduce probation for those with mandatory probation sentences after 5 years of successfully completed supervision.