State v. ARTHUR H.
State v. ARTHUR H.
Opinion of the Court
Opinion
The defendant, Arthur H., appeals from the trial court’s judgment ordering that, for a period of ten years following his release from incarceration for his conviction of risk of injury to a child in violation of General Statutes § 53-21 (a) (l),
The record reveals the following undisputed facts. The trial court conducted a plea canvass on September 27, 2006, at which the state recited, in relevant part, the following facts in support of the charge of risk of injury to a child. On August 25, 2005, six days after the victim turned sixteen years old, the victim’s mother brought a complaint for suspected sexual assault against the defendant as a result of events that had
In a subsequent interview with the police, the defendant provided the following account. The defendant admitted that on August 25, 2005, he had given the victim a massage while wearing only a pair of boxer shorts, that he had removed the boxer shorts the victim
The trial court accepted the defendant’s guilty plea, after informing the defendant that the plea could expose him to the possibility of having to register as a sex offender if the court found that the felony had been committed for a sexual purpose. Prior to the plea canvass, the court had informed the parties that it would rely on “the entire picture,” not just argument of counsel, to make its sentencing decision, including whether there should be sexual offender registration. On January 3, 2007, after conducting a hearing and making certain findings, the trial court sentenced the defendant to a term of imprisonment of five years, suspended after ten months, followed by five years of probation. In addition to the standard conditions of probation, special conditions were imposed, including that the defendant: be evaluated for a sexual offender treatment program and, if required to participate, successfully complete such a program; be prohibited from having any contact with the victim or any members of her immediate family; be prohibited from having any unsupervised contact with any child under the age of sixteen years, unless such contact has been preapproved by both the depart
I
The defendant first claims that the trial court abused its discretion in ordering him to register as a sex offender. The defendant’s challenge is based on the premise that, because the recognized purpose of the sex offender registry is to protect the public’s safety, the decision to require registration necessarily must be predicated on a conclusion that the defendant poses a danger of reoffending.
To resolve this claim, we must answer two questions: whether a finding of a felony committed for a sexual
In construing § 54-254 (a), General Statutes § l-2z “directs us first to consider the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered.” (Internal quotation marks omitted.) State v. Bletsch, 281 Conn. 5,16, 912 A.2d 992 (2007). As with any question of statutory construction, our review of this threshold question as to the requirements of the statute is plenary. See id.
Because we are not writing on a blank slate when construing this law, however, we begin with some general background on Megan’s Law, found in chapter 969 of the General Statutes, §§ 54-250 through 54-261. We previously have had an opportunity to examine this state’s Megan’s Law and have made the following observations. The legislature enacted the law to “protect the public from sex offenders.” State v. Kelly, 256 Conn. 23, 95, 770 A.2d 908 (2001); accord State v. Waterman, 264 Conn. 484, 490, 825 A. 2d 63 (2003) (intent of Megan’s Law was “to alert the public by identifying potential sexual offender recidivists when necessary for public safety”). The requirement to register as a sex offender is regulatory, rather than punitive, in nature. See, e.g., State v. Kelly, supra, 94 (adopting reasoning of Doe v. Pataki, 120 F.3d 1263, 1285 [2d Cir. 1997], cert. denied,
The law designates four classes of offenses: (1) the victim is a minor or the sexual offense is nonviolent; General Statutes § 54-251; (2) the sexual offense is violent; General Statutes § 54-252; (3) the sexual offense was committed in another jurisdiction; General Statutes § 54-253; or (4) the felony was committed for a sexual purpose. General Statutes § 54-254. Although we previously have stated that “ [o]nly under the last classification is the trial court given discretion whether to impose the registration requirement”; State v. Waterman, supra, 264 Conn. 490; we did not explain the basis for that conclusion. The text of the statutory scheme, however, makes that distinction clear. The first three provisions provide that a defendant “shall” register; see General Statutes §§ 54-251 (a), 54-252 (a) and 54-253 (a); whereas, by contrast, § 54-254 (a), the provision at issue in the present case, provides in relevant part that “[a]ny person who has been convicted ... of any felony that the court finds was committed for a sexual purpose, may be required by the court upon release into the community ... to register . . . with the [commissioner of [p]ublic [s]afety . . . .” (Emphasis added.) We consistently have observed that, “as opposed to definitive words, such as must or shall, which ordinarily express legislative mandates of a non-directory nature . . . the word may [generally] imports permissive conduct and the conferral of discretion.” (Citation omitted; internal quotation marks omitted.) State v. Bletsch, supra, 281 Conn. 17; see also id., 18 (“may” is construed as directory “[o]nly when the context of legislation permits such an interpretation and if the interpretation is necessary to make a legislative enactment effective”).
We further observe that the text of § 54-254 (a) indicates that there are two threshold requirements that
It is clear from the discretion vested in the trial court under § 54-254 (a) that a finding of sexual purpose alone is not sufficient to support a registration requirement. Although this court has recognized that Megan’s Law was enacted to “alert the public by identifying potential
Having concluded that the trial court exercises its discretion in deciding whether to require registration under § 54-254 (a) after making a finding that the felony was committed for a sexual purpose, we turn to the defendant’s claim that the evidence did not support an order to register as a sex offender. We conclude that, in light of the information presented to the court, the parties’ arguments to the court that centered on the defendant’s risk of reoffending and the court’s statements as to its view of that information, there is nothing in the record to suggest that the court abused its discretion by considering improper or irrelevant factors in deciding to order registration. See State v. Jacobson, 283 Conn. 618, 627, 930 A.2d 628 (2007) (“abuse of discretion exists when a court could have chosen different alternatives but has decided the matter so arbitrarily as to vitiate logic, or has decided [the matter] based on improper or irrelevant factors” [internal quotation marks omitted]); cf. State v. Fowlkes, 283 Conn. 735,
We begin with the appropriate standard of review. We previously have not been called on to review a court’s discretionary sex offender registration order pursuant to § 54-254 (a). Our review of such discretionary determinations is well settled, under which the trial court’s order “will be upset only for a manifest abuse of discretion.”
Despite our characterization of sex offender registration as neither punitive nor a sentencing factor; State v. Waterman, supra, 264 Conn. 489; we have determined that the law governing the scope of information that a sentencing court may consider in fashioning sentences also applies to the information that a court may consider in making sex offender registration decisions. See State v. Bletsch, supra, 281 Conn. 20. This standard is appropriate for review of a registration decision because it
It is well settled that a sentencing judge has “broad discretion in imposing any sentence within the statutory limits and in exercising that discretion he may and should consider matters that would not be admissible at trial. . . . Generally, due process does not require that information considered by the trial judge prior to sentencing meet the same high procedural standard as evidence introduced at trial. Rather, judges may consider a wide variety of information. . . . Finally, although a trial court’s discretion is not completely unfettered, and information may be considered as a basis for a sentence only if it has some minimal indicium of reliability, we have stated that [a]s long as the sentencing judge has a reasonable, persuasive basis for relying on the information which he uses to fashion his ultimate sentence, an appellate court should not interfere with his discretion.” (Citations omitted; internal quotation marks omitted.) State v. Bletsch, supra, 281 Conn. 20-21.
The following additional facts are relevant to the resolution of the defendant’s challenge to the trial court’s exercise of its discretion in imposing the registration requirement. At the defendant’s January 3, 2007 sentencing hearing, the defendant had several people make statements to the court on his behalf. With respect to the possibility of having to register as a sex offender, the defendant relied foremost upon the observations and opinion of Susan Sgroi, a physician with extensive experience treating sexual offenders, who began treating the defendant prior to the date of the arrest warrant and, at the time of sentencing, had been treating him
The state urged the court to view the defendant in a different light. It presented the victim’s mother, who described to the court the harmful effect that the defendant’s two years of sexual abuse had had upon her daughter’s emotional and physical well-being, and contended that her daughter never would trust another man to be a father figure to her. She contended that
The trial court rejected the defendant’s view of the evidence and concluded: “There’s no question whatsoever in my mind . . . that what [the defendant] was doing was for his own sexual gratification and there was a sexual purpose. He had done this before. . . . If you’ve been aroused the first time, when you go to do it the second time, it’s the same thing, and if you do it the third time, it’s the same thing. So, each time he did that, he was being aroused and he knew he was going to become aroused because that’s when it happened on prior occasions.” The court specifically found that there had been sexual contact on numerous occasions when the defendant had rubbed his penis, even if not erect, against the victim’s body while she was wearing only underwear.
Having found that the defendant had committed the felony for a sexual purpose, the court then turned to the question of sentencing generally and sex offender registration specifically. The defendant asked the court to take Sgroi’s opinion into consideration. The state expressed concern that the defendant and his family appeared to speak of his conduct as a single departure
With these facts in mind, we now turn to the question of whether the trial court reasonably concluded that registration was appropriate under the facts and circumstances of this case. The parties agree that, in exercising its discretion with respect to sex offender registration, the trial court can consider a wide breadth of information, including that which would not be admissible at trial. The crux of their disagreement rests on whether the information presented was sufficient to allow the court to make a determination that the defendant should be required to register. We agree with the state that the evidence supports the court’s discretionary determination.
The record before the trial court demonstrates that the defendant had engaged in and promoted sexual situations with the victim repeatedly before and after her sixteenth birthday, that he had shared a father-like
We next turn to the defendant’s claim that the trial court’s failure to hold an evidentiary hearing prior to ordering him to register as a sex offender violated his right to due process. Although the defendant asserts a violation under both the fourteenth amendment to the United States constitution and article first, § 8, of the Connecticut constitution, he has not provided an independent analysis under the state constitution, and we therefore limit our consideration to the dictates of the federal constitution. See, e.g., Walsh v. Jodoin, supra, 283 Conn. 200 n.14. The defendant acknowledges that he did not raise an objection before the trial court or request such a hearing, and, accordingly, seeks to prevail on this unpreserved claim under either State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989),
It is useful, at the outset, to bring the defendant’s due process claim into sharper focus — specifically, the defects that he has identified, and more importantly, those aspects of the proceeding that the defendant does not challenge. Although the defendant contends that the text of § 54-254 (a) indicates that the legislature intended for an evidentiary hearing on sexual purpose to precede the acceptance of a guilty plea on the underlying felony; see footnote 5 of this opinion; he does not assert that the failure to hold such an evidentiary hearing violated the statute. Nor does he challenge the trial court’s finding that the felony had been committed for a sexual purpose. Moreover, the defendant expressly has disavowed any claim that his plea canvass was constitutionally defective. Rather, he contends that due process required an adversarial evidentiary hearing, at which he could have cross-examined witnesses, because “the parties were in considerable disagreement
“To formulate a claim under the [due process clause of the fourteenth amendment to the United States constitution], a [claimant] must demonstrate that he or she possesses a constitutionally protected interest in life, liberty, or property, and that state action has deprived him or her of that interest. . . . [Procedural due process questions [are examined] in two steps: the first asks whether there exists a liberty or property interest which has been interfered with by the [s]tate; the second examines whether the procedures attendant upon that deprivation were constitutionally sufficient. . . . [0]nce it is determined that due process applies, the question remains what process is due. . . . [D]ue process is flexible and calls for such procedural protections as the particular situation demands.” (Citations omitted; internal quotation marks omitted.) Tele Tech of Connecticut Corp. v. Dept. of Public Utility Control, 270 Conn. 778, 806 n.25, 855 A.2d 174 (2004); see also generally Mathews v. Eldridge, 424 U.S. 319, 96 S. Ct. 893, 47 L. Ed. 2d 18 (1976) (setting forth three-pronged test used to determine what process is due).
The defendant relies on an Appellate Court case in which that court concluded that due process requires a hearing to enable the court to make a finding as to whether the felony was committed for a “sexual purpose” in accordance with § 54-254 (a) because the registration scheme satisfies the so-called “stigma plus” test, thus giving rise to a cognizable liberty interest. See State v. Pierce, 69 Conn. App. 516, 530-33, 794 A.2d 1123 (2002). We reversed that decision, however, on the ground that the Appellate Court improperly had invoked the plain error doctrine because it raised the due process issue sua sponte and the trial court’s
As we have noted previously herein, we take guidance from the case law addressing sentencing and the attendant imposition of probation conditions. It is well settled that a defendant does not have a constitutional right to cross-examine witnesses who provide statements for the court’s consideration in noncapital sentencing proceedings. See Williams v. New York, 337 U.S. 241, 242-52, 69 S. Ct. 1079, 93 L. Ed. 1337 (1949); Farrow v. United States, 580 F.2d 1339, 1353 n.25 (9th Cir. 1978); see also United States v. Cantellano, 430 F.3d 1142, 1146 (11th Cir. 2005) (concluding that there is no constitutional right to confront witnesses by way of cross-examination in noncapital sentencing proceeding and
In the present case, before the trial court imposed the registration requirement, it permitted the defendant,
“Consistent with due process the trial court may consider responsible unsworn or out-of-court information relative to the circumstances of the crime and to the convicted person’s life and circumstance. Williams v. Oklahoma, 358 U.S. 576, 584, 79 S. Ct. 421, 3 L. Ed. 2d 516 (1959).” State v. Bletsch, supra, 281 Conn. 20. This court has concluded that a trial court properly may rely on facts alleged by a victim in an unsworn statement in an arrest warrant to determine whether the defendant posed a risk to public safety, as long as that statement contained a minimum indicia of reliability. Id.; see also Williams v. New York, supra, 337 U.S. 246 (noting that, dating from time before American colonies became one nation, “[o]ut-of-court affidavits have been used frequently” in sentencing proceedings). Indeed, our rules
The defendant does not contend that the letter at issue in the present case failed to meet this modest threshold. Rather, he appears to suggest that the failure to permit him to confront and cross-examine persons providing statements to the court renders contested evidence unreliable per se. We disagree. As we explained in part I of this opinion, “[generally, due process does not require that information considered by the trial judge prior to sentencing meet the same high procedural standard as evidence introduced at trial. . . . Consistent with due process the trial court may consider responsible unsworn or out-of-court information relative to the circumstances of the crime and to the convicted person’s life and circumstance. ... It is a fundamental sentencing principle that a sentencing judge may appropriately conduct an inquiry broad in scope, and largely unlimited either as to the kind of information he may consider or the source from which it may come. ... As a matter of due process, information may be considered as a basis for a sentence only if it has some minimal indicium of reliability. . . . As long as the sentencing judge has a reasonable, persuasive basis for relying on the information which he uses to fashion his ultimate sentence, an appellate court should not interfere with his discretion.” (Citations omitted; internal quotation marks omitted.) State v. Huey, 199 Conn. 121, 127, 505 A.2d 1242 (1986). In light of the defendant’s claim and the procedure afforded, his due process claim fails.
General Statutes § 53-21 (a) provides in relevant part: “Any person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be iqjured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child . . . shall be guilty of a class C felony . . . .”
We note that changes not relevant to this appeal were made to § 53-21 (a) by No. 07-143, § 4, of the 2007 Public Acts. For purposes of convenience, we refer to the current revision of the statute.
General Statutes § 54-254 (a) provides in relevant part: “Any person who has been convicted or found not guilty by reason of mental disease or defect in this state ... of any felony that the court finds was committed for a sexual purpose, may be required by the court upon release into the community or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct to register such person’s name, identifying factors, criminal history record and residence address with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and to maintain such registration for ten years. If the court finds that a person has committed a felony for a sexual purpose and intends to require such person to register under this section, prior to accepting a plea of guilfy or nolo contendere from such person with respect to such felony, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. . . .”
In 2007, § 54-254 (a) was amended to include other forms of electronic addresses that must be registered with the commissioner of correction. See
The statutory scheme defines “ ‘[sjexual purpose’ ” as “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.” General Statutes § 54-250 (12). “ ‘Sexual contact’ means any contact with the intimate parts of a person not married to the actor for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person or any contact of the intimate parts of the actor with a person not married to the actor for the purpose of sexual gratification of the actor or for the purpose of degrading or humiliating such person. ” General Statutes § 53a-65 (3). “ ‘Intimate parts’ means the genital area or any substance emitted therefrom, groin, anus or any substance emitted therefrom, inner thighs, buttocks or breasts.” General Statutes § 53a-65 (8).
We note that the defendant’s brief to this court has cited extensively to research that challenges the premise on which the enactment of various states’ Megan’s Law provisions, including Connecticut’s, was based. Specifically, the defendant cites numerous social science studies and statistics collected, in part, by the United States Department of Justice as well as the Canadian Public Works and Government Services, to support his assertion that “[t][he popular myth that sex offenders reoffend at significantly higher rates than the remaining criminal population ... is demonstrably false.”
We acknowledge that the defendant’s arguments and the supporting research findings may be worthy of further consideration. As the defendant conceded during oral argument before this court, however, these are essentially policy arguments that more properly are raised before our state legislature in support of reconsideration and reformation of the statutory scheme governing sex offender registration. The defendant nonetheless requests that we take these studies into consideration when considering whether the trial court abused its discretion in ordering him to register. We decline to do so, however, because this information was not presented to the trial court in the present case. The defendant had an opportunity to advance these arguments to the trial court and to request that it consider the recent
We note that § 54-254 (a) expressly applies to a defendant who has been convicted by virtue of entering a plea of guilty, providing in relevant part that, “[i]f the court finds that a person has committed a felony for a sexual purpose and intends to require such person to register under this section, prior to accepting a plea of guilty or nolo contendere from such person with respect to such felony, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. . . .” Although the statute indicates that, when a defendant intends to plead guilty, the court has a responsibility to make its finding as to sexual purpose before accepting the defendant’s plea, in the present case, the trial court accepted the defendant’s plea before making this finding. In his brief and at oral argument to this court, the defendant, however, expressly has asserted that he waives any claim that his plea canvass was defective.
Subsections (b) and (c) of § 54-251 set forth limited discretionary exemptions to the mandatory registration requirement under subsection (a) of that statute for a “person who has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor or a nonviolent sexual offense . . . .” Section 54-251 provides in relevant part: “(b) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 from the registration requirements of this section if the court finds that such person was under nineteen years of age at the time of the offense and that registration is not required for public safety.
“(c) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a or subdivision (2) of subsection (a) of section 53a-189a, from the registration requirements of this section if the court finds that registration is not required for public safety. . . .”
We note that the trial court’s finding as to sexual purpose, which the defendant does not contest, constitutes a factual finding that would be reviewed under the clearly erroneous standard. See State v. Bletsch, supra, 281 Conn. 18-19 and 19 n.15 (age requirement and whether defendant poses safety risk under § 54-251 [b] are factual findings reviewable under clearly erroneous standard).
The parties acknowledge that, at the time of the sentencing hearing, this letter contained unproven allegations. At his sentencing hearing, the defendant had responded to this allegation by asserting that he and his former wife had had a contentious custody dispute in 2006, involving, inter alia, the responsibility for college expenses for the adopted daughter. Defense counsel stated to the court that, at the time he first was apprised of any molestation allegations, he believed it to be the posturing of an aggressive attorney trying to prevail in a custody and support disagreement. The state explained to the court that the defendant’s former wife had contacted the state about these allegations the previous year. She had told the state that her daughter had made vague statements about abuse at the time that it was alleged to have occurred, and only recently had admitted it after the mother learned from the daughter’s best friend that years earlier the daughter had confided in the friend about the abuse. The state also offered an explanation as to why the defendant’s adopted daughter finally had decided to make the allegations known to the state.
After Sgroi was made aware of these allegations, she acknowledged that they were disturbing, but adhered to her prior recommendation, stating that, even “if everything in the letter that is alleged is true, [the defendant] still scores one as opposed to zero on that risk assessment tool, which makes his score comparable to that of individuals who are in the lowest risk category of reoffending.”
Despite the defendant’s acknowledgment at oral argument to this court that the trial court properly could consider evidence that would have been inadmissible at trial, he complains in his brief to this court that the trial court improperly based its decision, in part, on his adopted daughter’s letter because it is “a hearsay statement from an out-of-state lay declarant subjected to neither confrontation nor cross-examination by the defendant.” Such a complaint more properly would be advanced, however, if the defendant had challenged the scope of information that the court could consider in exercising its discretion. Moreover, as we previously have observed, in making registration determinations, the court may consider information as long as it has “some minimal indicium of reliability.” State v. Bletsch, supra, 281 Conn. 20-21. We note that the trial court acknowledged that the allegation had not, and could not, be proved at that point, and that it merely was taking into account the fact that the allegation had been made.
The defendant advanced two additional arguments in his brief to this court in support of his claim that the trial court abused its discretion in ordering him to register, both of which we decline to address for the following reasons. First, the defendant contends that “ [registration serves only the counterproductive purpose of stigmatizing him.” The defendant suggests that registration will impede “positive social interaction, educational and employment opportunities, and the formation of healthy relationships . . . [and] can serve to prevent him from functioning as a valuable member of society, and thereby avoiding future offenses, sexual and nonsexual alike.” Although, as noted in the text of this opinion, we previously have observed that the defendant’s successful rehabilitation may be relevant to the court’s exercise of discretion, in the present case, the record does not reveal any indication that the defendant advanced this argument before the trial court. Thus, we decline to address it for the first time on appeal. See State v. Canales, supra, 281 Conn. 586; State v. Azukas, 278 Conn. 267, 282, 897 A.2d 554 (2006).
Second, the defendant contends that requiring individuals like him to register is also counterproductive because it results in an overinclusive
In Golding, this court concluded that “a defendant can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt.” (Internal quotation marks omitted.) State v. Knybel, 281 Conn. 707, 712-13, 916 A.2d 816 (2007). “The first two prongs of Golding involve a determination of whether the claim is reviewable; the second two . . . involve a determina
Subsequent to the Supreme Court’s decision, some courts have concluded that sex offender registration does not implicate a liberty interest for due process purposes under schemes that mandate registration. See, e.g., Doe v. Dept. of State Police, 490 F.3d 491, 502 (6th Cir. 2007); Doe v. Moore, 410 F.3d 1337, 1342 and n.3 (11th Cir.), cert. denied, 546 U.S. 1003, 126 S. Ct. 624, 163 L. Ed. 2d 506 (2005). Others have concluded to the contrary under a scheme similar to the mandatory aspect of our scheme. See, e.g., Milks v. State, 894 So. 2d 924, 927 n.3 (Fla.), cert. denied, 546 U.S. 833, 126 S. Ct. 368, 163 L. Ed. 2d 86 (2005). Other courts have concluded that a liberty interest is implicated under schemes that do not predicate registration on a conviction for a sexual offense. See, e.g., Gwinn v. Awmiller, 354 F.3d 1211, 1222-23 (10th Cir.), cert. denied, 543 U.S. 860, 125 S. Ct. 181, 160 L. Ed. 2d 100 (2004); Coleman v. Dretke, 409 F.3d 665, 669 (5th Cir.), cert. denied, 546 U.S. 938, 126 S. Ct. 427, 163 L. Ed. 2d 325 (2005).
In Dept. of Public Safety v. Doe, supra, 538 U.S. 4, the United States Supreme Court considered a procedural due process challenge to our scheme and observed that “Connecticut . . . has decided that the registry requirement shall be based on the fact of previous conviction, not the fact of current dangerousness.” In light of that conclusion, the court held that a defendant had no right to a hearing on his future dangerousness because the statutory scheme did not recognize that factor as a relevant consideration for sex offender registration. Id., 7-8. Because “the law’s requirements turn on an offender’s conviction alone — a fact that a convicted offender has
In his brief to this court, the defendant cites several cases from other jurisdictions that are inapposite, and we therefore need not address them. Several of these cases address the question of whether it violates due process to create a statutory presumption of dangerousness upon conviction and to impose a burden on the defendant to prove that he is not dangerous. The schemes at issue in those cases differ in significant and material ways from ours. The defendant also cites one case that addresses a failure to
Concurring Opinion
concurring. I agree with the majority’s conclusion that the record in this case supports a finding that the defendant, Arthur H., would pose a risk to public safety and that that finding is sufficient to support the trial court’s order that the defendant register as a sex offender pursuant to General Statutes § 54-254 (a). I write separately because I am troubled by the portion of the majority opinion rejecting the state’s claim that § 54-254 (a) creates a presumption that persons convicted of a felony committed for a sexual purpose pose a risk to the public safety. I would conclude that there is no need to reach that question because the record in the present case contains independent evidence to support a finding that the defendant posed a risk to the public safety, beyond the mere fact that the defendant committed a felony for a sexual purpose.
Reference
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- State of Connecticut v. Arthur H.
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