Newsroom - 2007

November 5, 2007

SEN. MCDONALD & REP. LAWLOR SEEK COMPREHENSIVE REFORM
OF STATE’S CRIMINAL JUSTICE SYSTEM

State Senator Andrew J. McDonald (D-Stamford) and State Representative Mike Lawlor (D-East Haven), the co-chairs of the Connecticut General Assembly’s Judiciary Committee, today announced the contents of a bill they have introduced to the legislature that makes a number of comprehensive and sweeping changes to the state’s crime statutes.  The legislation takes aim at repeat serious offenders by strengthening jail sentences and provides the resources necessary for law enforcement to monitor those released from jail, among other changes.

“Senator McDonald and I have met with many state and local criminal justice officials and with a number of people directly affected by the Cheshire tragedy,” said Rep. Lawlor.  “Without exception, people have asked us to make a comprehensive change and not just pass one or two technical bills under the guise of ‘reform.’  We need to make sure that systemic failures, as was the case in this horrible tragedy, are not repeated.”

Sen. McDonald remarked, “People on the front lines have asked us to give them the information, the resources, and the laws they need to prevent these tragedies in the future.  Our proposed legislation accomplishes that goal.”

Rep. Lawlor continued, “We believe that we can reach consensus on a bipartisan proposal and, working together with Governor Rell’s task force, we can enact this into law before the beginning of the 2008 session of the legislature.”

This bill, along with 13 others submitted by various legislators and state agencies, will be the subject of a public hearing of the Judiciary Committee on Tuesday, November 27 at 1:00 p.m. in Room 2E of the Legislative Office Building in Hartford.

October 22, 2007

JUDICIARY COMMITTEE TO HOLD PUBLIC HEARING ON SUBMITTED CRIMINAL JUSTICE REFORM PROPOSALS
Hearing to be held Tuesday, Nov. 27, at 1 PM

State Senator Andrew J. McDonald (D-Stamford) and State Representative Mike Lawlor (D-East Haven), the chairmen of the legislature’s Judiciary Committee, today announced that the committee will hold a public hearing, pursuant to Joint Rule 34, on fifteen separate proposals regarding criminal justice reforms on Tuesday, November 27, at 1 PM at the Legislative Office Building in Hartford.

At a hearing on the topic last month, the committee’s chairmen invited legislators, state agencies and others to submit proposals.  A total of fifteen proposals were submitted by several legislators, the Office of the Victim Advocate, state prosecutors, and the Board of Pardons and Paroles.

One of the fifteen proposals that will be heard at the hearing has been submitted by Sen. McDonald and Rep. Lawlor.  Some of the major points of reform included in the chairmen’s proposal are: establishing a new crime of “home invasion” and designating it as a violent offense; re-writing and strengthening the state’s “three-strikes” laws; providing more resources to the state’s criminal justice agencies including corrections, the parole board, probation, victim services, and prosecutors; and requiring the development of a new state-of-the-art communications system that will allow all criminal justice agencies to easily, rapidly, and securely exchange information electronically.

The chairmen expect that full drafting of the fifteen proposals, fiscal estimates and summaries will be completed by the non-partisan legislative staff by the end of next week.  Upon their completion, all of the proposals will be made available online.  Members of the public will be able to testify at the committee’s hearing.

“It is our intention to move through this process as rapidly as our joint rules permit,” Sen. McDonald said.  “Therefore, we are convening the public hearing to expedite the process and still achieve the best public policy outcome possible.”

“Our goal is to make sure that we have a comprehensive package of reforms ready for action,” Rep. Lawlor said.

In addition, Rep. Lawlor has accepted an invitation to give a presentation in front of Governor Rell’s Sentencing & Parole Task Force on Thursday, October 25 at 1 PM.  It is anticipated that he will discuss some of the proposals received by the committee, among other related subjects.  The governor’s task force is currently in the process of examining topics similar to those that the Judiciary Committee is reviewing, with the goal of releasing recommendations to the governor at the start of the new year.

October 17, 2007

REP. LAWLOR ASKS GOV. RELL FOR MORE CRIMINAL JUSTICE RESOURCES

State Representative Mike Lawlor (D-East Haven) had the following letter delivered to Governor M. Jodi Rell's office this morning, urging her to add more resources into the criminal justice system.

October 4, 2007

GOVERNOR ASKS FOR CRIMINAL JUSTICE REFORM DELAY,
COMMITTEE TO MOVE FORWARD WITH HEARING

Despite Governor Rell's announcement yesterday that she does not want the legislature acting on reforms of the criminal justice system until sometime next year, Judiciary Committee co-chairman Rep. Mike Lawlor (D-East Haven) said today that it is the intention of the committee to move forward in the coming weeks.
 
"Our committee will have legislation ready for action," Rep. Lawlor said.

Governor Rell said yesterday that she wants the legislature to wait until her Sentencing and Parole Review Task Force has completed their recommendations, which are scheduled to be released by the first of the year.

"Our goal is to write a comprehensive solution that will work," Lawlor explained. "As Sen. McDonald and I have said from the start, we will establish a new crime of 'home invasion' and make clear that it is a violent offense, re-write the current 'persistent offender' and 'three-strikes' laws to make them more usable and require mandatory sentences, provide full-funding for more GPS equipment and sufficient parole and corrections staff to monitor offenders, and rebuild the state's criminal justice information system to ensure timely communication between state and local agencies."

Chief State's Attorney Kevin Kane wrote a letter to the committee late last month explaining that his office has "identified the complexity" of re-writing the state's persistent offenders law and is currently in the process of drafting "proposals for a workable statutory scheme."

"We want assurances that any statute that we pass will be used by police, prosecutors and judges, and that the corrections, parole and probation systems will honor them.  We want to avoid unintended consequences or loopholes, and we certainly do not want any new statute to be challenged in court and be declared unconstitutional.  The people of Connecticut want effective reforms that will work," Lawlor stated.  "We will work together with the governor and our front line criminal justice professionals to pass bipartisan sentencing and parole reform."

Lawlor has accepted an invitation to testify before Governor Rell's task force on October 25 to discuss the many "truth in sentencing" reforms that have been passed by the legislature since 1988 to strengthen the state’s criminal justice laws, such as the elimination of "good time credits," the mandate requiring violent offenders serve at least 85% of their sentence before being eligible for parole, a series of victims’ rights reforms, and the statute requiring prosecutors to send all sentencing transcripts to the parole board.

He said he is confident that the Judiciary Committee and the governor's task force will collaborate on these reforms.

September 23, 2007

JUDICIARY COMMITTEE CHAIRMEN INVITE
GOV. RELL TO EMERGENCY OVERSIGHT MEETING

The chairmen of the legislature’s Judiciary Committee, State Senator Andrew J. McDonald (D-Stamford) and State Representative Mike Lawlor (D-East Haven), are inviting Governor M. Jodi Rell to testify at an emergency oversight meeting of the committee to be held next Monday to discuss her short and long-term plans for managing the parole crisis.

“Like you, we were appalled to hear Friday’s news that the Board of Pardons and Paroles had re-paroled an inmate who had twice previously violated his parole and had many convictions for serious and violent crimes,” the chairmen said in a letter to Gov. Rell that will be delivered to her office on Monday morning.

The chairmen noted in their letter that they agree with the governor’s order to immediately suspend approval of future paroles for all violent offenders.

“We need to ensure that the members of our committee understand your short and long-term plans before taking action on legislative proposals,” they stated in the letter.  “We do not want to undermine inadvertently your ability to manage this crisis by taking actions in conflict with your plan.”

The Judiciary Committee has oversight responsibilities for the Department of Corrections.  Experts estimate that the suspension of paroles will put the department in a crisis situation within a few months.

September 21, 2007

STATEMENT OF HOUSE JUDICIARY CO-CHAIRMAN MIKE LAWLOR
Re: Governor Rell’s Order to Suspend Paroles for Violent Offenders

“I understand why the Governor did what she did today and I support her decision.  In light of today’s revelations, it’s clear that the parole system has become overwhelmed by new obligations in the last few months and cases started falling through the cracks, including this one.

My colleagues and I must work with the Governor to make sure that the Department of Corrections has the resources it needs to deal with what will be a dramatic increase in population over the next few months.

Our committee received proposals today and will be conducting a hearing on these proposals in the very near future.  The legislature must be prepared to work with Governor Rell and act soon to ensure our criminal justice system has the resources it needs to protect the public.

Many legislators, including Senator McDonald and myself, have proposed comprehensive reforms, which will help accomplish this goal.”

September 20, 2007

BOND PACKAGE INCLUDES $1 MILLION IN FUNDING
TO BEGIN OVERHAUL OF CRIMINAL JUSTICE INFO SYSTEM
Will Replace Out-of-Date, Flawed Info-Sharing System

The bond package being voted on today by the Connecticut General Assembly includes $1 million to begin a major overhaul of the way information is shared within the criminal justice system.  The legislation is located in lines 407-409 of the bond bill (SB 1501).

During the Judiciary Committee’s recent hearing regarding this summer’s tragedy in Cheshire, it became clear that breakdowns in communication between various criminal justice agencies was a principal reason why the state Board of Pardons and Parole did not have all police reports and sentencing transcripts as required by law.

“By approving this funding now, the legislature is sending a message that this information system is a clear priority of the legislature to keep Connecticut’s families safe,” said Sen. Andrew McDonald (D-Stamford), Senate Chair of the Legislature’s Judiciary Committee.  “We’ve put the funding in place, we will lead the effort to design it, and we need the administration to help implement it as soon as possible.”

The new criminal justice information system would be a state-of-the-art, web-based system that would empower law enforcement agencies such as state and local police, the parole board, the judiciary and Department of Corrections to communicate, collaborate, and make sure that important decisions – such as parole and release – are based on timely, accurate and complete information.  The electronic system will replace the out-of-date method that requires the use of paper photocopies and the postal service.

“Our recent hearings have made it clear that current criminal justice information systems are woefully out-of-date, and cannot be accessed by front line law enforcement professionals in a timely fashion,” said Rep. Michael Lawlor (D-East Haven), House Chair of the Legislature’s Judiciary Committee.  “Whether it is the online sex offender registry or information sharing among police, prosecutors and corrections officials, Connecticut should have and will have the most up-to-date system in the nation.”

Rep. Lawlor continued, “We have asked the National Institute of Corrections to work with us and provide technical assistance as we evaluate the different systems used in other states to ensure that our system is state-of-the-art.”

McDonald and Lawlor have asked Rep. William Tong (D-Stamford) to take the lead on this issue in the Judiciary Committee and to assist the state in the technical aspects involved in creating the database.  Tong is also an attorney in private practice, and has special industry experience in managing information and electronic discovery systems in large scale litigation.

“Given the technology and software out there today, it makes little sense that our state’s criminal justice agencies and officials fail to share even basic information about criminals, their backgrounds, and the likelihood they will commit crimes again.  As we learned after 9/11, there is simply no excuse for government officials not to share critical information that can protect our families and children, particularly because of antiquated technology,” Rep. Tong stated.

"It should also be pointed out that as far as we know, there is no other state in the country with a statute requiring their parole boards to receive copies of all sentencing transcripts, nor do any states practice this administratively,” said Rep. Lawlor, author of the 1997 statute mandating that all sentencing transcripts be given to the parole board.  “Now that our state agencies are finally beginning to follow this law, we are the only state whose parole board will have immediate access to every single sentencing transcript.  It is tragic that it had to take something like this for people to recognize the value of having these transcripts, which I have long advocated for."

September 19, 2007

BOND PACKAGE TO INCLUDE UPGRADES
FOR ONLINE ‘MEGAN’S LAW’ SEX OFFENDER REGISTRY

Speaker of the House Jim Amann (D-Milford) along with other legislative leaders announced today that the state bonding package scheduled to be voted on by the General Assembly tomorrow will include a total of $1 million for improvements to the ‘Megan’s Law’ online sex offender registry.   

The sex offender registry upgrades will include better navigation and search tools to help users more accurately determine the location of registered offenders, more detailed descriptions of offenders and their crimes, as well as email alerts to residents and law enforcement when an offender moves to their community.   

“This new funding is critical to bringing the system in synch with new technologies and putting Connecticut again at the forefront of protecting our children from predators,” said Amann, an original sponsor of Connecticut’s Megan’s Law in 1995. “Megan’s Law continues to evolve, and particularly over the past two years we’ve worked to improve the content of the online registry and do a better job of finding sex offenders in cyberspace,”

Megan’s Law is named for 7 year-old Megan Kanka of New Jersey, who was killed in 1994 by a sex offender living near her home.  In 1995, Connecticut passed legislation mandating notification of residents that a sex offender was living in their neighborhood. A 1997 law made those addresses available to the general public. Originally placed online in 1999, a federal court removed the convicted sex offender list from the Internet in 2001 citing constitutional grounds, but the United States Supreme Court overturned the ruling in 2003.

“This funding to improve the ‘Megan’s Law’ online sex offender registry sends a strong message that we are serious when it comes to public safety and giving our criminal justice officials the tools to do their jobs,” said House Majority Leader Chris Donovan (D-Meriden).

“The Sex Offender Risk Assessment Board is well on its way to re-crafting the online sex offender registry to make it more user-friendly and to provide more useful information to citizens about the risk posed by individual convicted sex offenders,” said Rep. Michael Lawlor (D-East Haven), House Chair of the Legislature’s Judiciary Committee.  “This money ensures that the new, redesigned web site will be up and running in the very near future.”

September 5, 2007

JUDICIARY CHAIRMEN ANNOUNCE SPEAKERS AND GOALS
FOR SENTENCING & PAROLE INFORMATIONAL HEARING

The legislature’s Judiciary Committee chairmen State Senator Andrew J. McDonald (D-Stamford) and State Representative Mike Lawlor (D-East Haven) today announced the speakers confirmed to testify at an upcoming informational hearing concerning a broad range of criminal justice concerns, specifically focusing on the state’s sentencing and re-entry process for repeat offenders.

“We will hear from state officials who will update the committee on recent administrative and procedural changes in our parole system that have been implemented in the aftermath of the Cheshire tragedy,” Sen. McDonald said.  “Following that, the committee will be able to speak with a leading California prosecutor, who is also currently the head of the national prosecutors’ association, and two national corrections officials regarding corrections and parole reforms in other states.”

The national speakers attending were recommended by the non-partisan Justice Center, a part of the Council of State Governments, and by officials from the U.S. Department of Justice.  Travel expenses for the speakers are being paid for by the U.S. Department of Justice at no cost to the state.

“It is important to stress that our committee is working in a bi-partisan manner as we proceed to evaluate and move forward with proposals,” Rep. Lawlor explained.  “This forum will give everyone an opportunity to learn a lot about plea bargaining, sentencing, corrections and parole in Connecticut and around the country.  We will seek fully-drafted legislative proposals from legislators and others after the hearing.  Following this, fiscal notes and summaries for those proposals will be made available, and we will schedule a full public hearing on them as soon as possible.”

Both McDonald and Lawlor said their anticipated goals for this hearing and future committee hearings on the subject will be to:

1. Establish a new crime of “home invasion” and make it clear that it is a violent offense.
2. Re-write the current “persistent offender” and “three strikes” laws to make them more useable and require mandatory sentences.
3. Provide full funding for equipment and parole/probation officers that will allow for expanded use of Global Positioning System (GPS) technology and other mandatory supervision for non-violent offenders to make room in prisons for violent, serious repeat offenders.
4. Provide full funding for equipment and parole/probation officers that will allow for GPS monitoring during probation or parole for persons convicted of a home invasion.
5. Provide full public access to conviction information, including probation and parole information, for all serious offenders, including persons convicted of home invasion.
6. Ensure interoperability of all criminal justice databases to allow police, prosecutors, probation, parole, corrections, and judicial officials to communicate with one another electronically regarding all offenders and cases.

“The bottom line is we will do whatever it takes to make sure that what happened in Cheshire cannot happen again,” Rep. Lawlor said.

In addition, the co-chairmen have also submitted several requests to the non-partisan Office of Legislative Research and the Office of Fiscal Analysis to provide the committee with a variety of information regarding various related issues, such as a list of likely sites in Connecticut where new prisons could be built, the estimated time for completing the construction, and the costs associated with constructing and operating the facilities.

“The horrible toll this tragedy took on the Petit family cannot and will not be forgotten in our hearings,” Sen. McDonald said.  “At the end of our proceedings, the Judiciary Committee will present a package of legislative reforms which will guarantee that.”

The forum will be held on Tuesday, September 11, at 1 PM in Room 2C of the Legislative Office Building in Hartford.  Further meetings and public hearings will be announced at a later time.

State officials confirmed to testify on September 11 are:

Robert Farr, Chairman of the State Board of Pardons and Paroles.

Lisa Holden, Co-Chair of Governor Rell’s Sentencing and Parole Review Task Force and Executive Director of the Connecticut Coalition Against Domestic Violence, Inc.

Kevin Kane, Chief State’s Attorney.

Theresa Lantz, Commissioner of the Department of Correction.

National criminal justice officials confirmed to testify at the hearing:

James P. Fox is the District Attorney of California’s San Mateo County.  He was first elected to this position in January 1983 and has been re-elected to every four years since.  He also currently serves as the President of the National District Attorney’s Association.  Prior to that, he was the President of the California District Attorneys Association (CDAA).   Since 1991, he has been Chairman of the CDAA Legislative Committee.

Michael P. Jacobson is the current Director of the Vera Institute of Justice.  Under former New York City Mayor Rudolf Giuliani, he served as Commissioner of New York City’s Department of Correction from 1995 to 1998, and as Commissioner of the City’s Department of Probation from 1992 to 1996.  Jacobson was appointed last year by California Governor Arnold Schwarzenegger to serve on a panel of national experts to evaluate California's prison overcrowding and parolee recidivism problems.

George Keiser is Chief of the Community Corrections/Prisons Division of the National Institute of Corrections, which is part of the Federal Bureau of Prisons within the United States Department of Justice.  He oversees NIC programs and services provided to 50 state departments of corrections and more than 1,400 state prisons in the U.S., commonwealths, and territories.

August 15, 2007

LEGISLATURE’S JUDICIARY COMMITTEE ANNOUNCES HEARINGS FOLLOWING CHESHIRE TRAGEDY
Local and National Experts to Testify on Possible Reforms

Judiciary Committee co-chairmen State Senator Andrew J. McDonald (D-Stamford) and State Representative Mike Lawlor (D-East Haven) announced today that the Judiciary Committee will hold its first hearing following the Cheshire tragedy on Tuesday, September 11, at 1PM in the Legislative Office Building in Hartford.

Rep. Lawlor stated, “The purpose of these hearings will be two-fold.  First, we will have a briefing from state criminal justice officials about our sentencing and re-entry process, especially for repeat offenders.  Second, national criminal justice experts will testify regarding models from other states, which could be considered by the Connecticut General Assembly.  We are expected to receive information about the costs of these models and possible sites for new prison facilities.”

He continued, “Following this hearing, we also anticipate that there will be a second hearing to consider specific proposed bills from legislators and other state officials.  Many suggestions have been made in the last few weeks and our committee will consider all of them in preparation for legislative action.”

August 8, 2007

REP. LAWLOR APPLAUDS SIGNING OF “JESSICA’S LAW”
Invited by Governor Rell to speak at bill signing ceremony

State Representative Mike Lawlor (D-East Haven) joined Governor M. Jodi Rell last week at a bill signing ceremony for legislation that increases penalties for child sex predators and establishes a new crime that requires a mandatory 25-year prison sentence for those who sexually abuse a child under 13.

The legislation, introduced by Rep. Lawlor on the floor of the House of Representatives earlier this year, has been referred to as “Jessica’s Law” in memory of Jessica Lunsford, a 9-year-old Florida girl who was raped and killed by a repeat sex offender.

“This was done in full partnership with our state’s prosecutors and more importantly the victims’ groups affected by this,” Rep. Lawlor said after being invited by Rell to speak at the ceremony.  “We’re hoping in the future – as tough as we’ve been in the past on these offenders – that we will be able to catch them and lock them up for as long as possible, and prevent these tragedies before they occur.”

The new law imposes mandatory minimum terms of imprisonment for enticing or having indecent contact with a child under age 13, employing a minor in an obscene performance, and importing or possessing child pornography.  The legislation also targets the increasing number of child sex crimes committed online by establishing mandatory minimum prison terms (5 years for a first offense, 10 years for a second) for adults who use the internet to attempt to entice a child age 13 and under into sexual contact.

“I hope the message is loud and clear to would-be child molesters out there, that this will not be tolerated,” said Rep. Lawlor, who serves as House chairman of the Judiciary Committee.  “You will be caught, you will be prosecuted, you will be convicted, and you will be locked up, ideally forever.”

Gov. Jodi Rell asked Rep. Lawlor to speak at her bill signing ceremony at the State Police Headquarters in support of the recently passed Jessica's Law legislation, which Lawlor co-sponsored.

July 31, 2007

REP. LAWLOR: PAROLE BOARD DID NOT HAVE SENTENCING TRANSCRIPT
Prosecutors Required by Law to Send Transcripts to the Board

State Representative Mike Lawlor (D-East Haven), House Chairman of the Judiciary Committee and a former prosecutor, today questioned why the Board of Pardons and Parole was not provided with a copy of the sentencing transcript in the Komisarjevsky case as is required by law.

“Many people have asked me whether the Board of Pardons and Parole had a copy of the sentencing transcript when the parole decision for Komisarjevsky was made.  Based on the information I was given, the board was not given a copy,” Lawlor stated.  “I have read the transcript in its entirety, and it does contain information that would have been significant to the board in making its decision on whether to authorize a release and how this offender should be supervised.”

He continued, “In 1997, the legislature enacted a law requiring prosecutors to provide the sentencing transcript to the Board of Pardons and Parole in all cases when the offender received a sentence of more than two years to serve in prison – the threshold for parole jurisdiction.  I introduced that legislation because this information is always critical to parole board decisions as it provides insight into the concerns of crime victims, prosecutors and judges at the time of sentencing.”

“These transcripts also provide valuable information about the offender, often provided by the offender and his attorney,” Lawlor said.  “That was the case in the Komisarjevsky sentencing, where there was an extensive discussion by his lawyer and his parents about his history of mental illness, family background, alleged sexual abuse, suicide attempts and about the very unusual nature of his burglaries.”

The statute requiring prosecutors to provide the Board of Pardons and Parole with the sentencing transcript appears below, in its entirety:

Sec. 51-286f. Transcript of sentencing hearing requested by prosecuting official. Copy to Board of Pardons and Paroles.  The prosecuting official in a criminal proceeding shall request that a transcript be prepared of any sentencing hearing at which a defendant is sentenced to a definite, nonsuspended sentence of more than two years imprisonment and shall cause a copy of such transcript to be delivered to the Board of Pardons and Paroles.  (PA 97-257, S. 9, 13; PA 04-234, S. 2)

July 30, 2007

REP. LAWLOR CLARIFIES LAWS CONCERNING
ELECTRONIC MONITORING OF PAROLEES

State Representative Mike Lawlor (D-East Haven), House Chairman of the Judiciary Committee and a former prosecutor, today clarified incorrect reports made in the media that the State of Connecticut does not electronically monitor probationers and parolees, and that new legislation is necessary to authorize it.

“Connecticut parole and probation officials for many years have had the authority to require offenders to wear electronic monitoring equipment, which I have long supported and continue to support,” Rep. Lawlor stated.  “This is a vital technology that should be used whenever our law enforcement officials believe it is necessary for public safety.”

“Electronic monitoring bracelets and global positioning system (GPS) technology are used today, with GPS monitoring increasingly being used for high risk offenders,” he continued.  “Offenders are responsible for paying the costs of their own monitoring devices at a rate of $3.22 per day for bracelets and $12.00 per day for GPS.”

“A report written by the non-partisan Office of Legislative Research states that as of January 2007 a total of 242 probationers were being monitored electronically – 239 with bracelets and three with GPS.  The report also stated that as of the same time period, 343 parolees were being monitored – 332 with bracelets and 21 with GPS,” Rep. Lawlor said.

July 25, 2007

REP. LAWLOR EXPLAINS CT’S “THREE STRIKES, YOU’RE OUT”
AND “PERSISTENT OFFENDER” LAWS

State Representative Mike Lawlor (D-East Haven), House Chairman of the Judiciary Committee and a former prosecutor, today explained Connecticut’s “Three Strikes, You’re Out” law and the state’s “Persistent Offender” law amid confusion in the public and the media about the status of Connecticut’s criminal justice statutes.

“Connecticut indeed has a ‘three strikes, you’re out’ law, which the legislature passed and was signed into law in 1994,” Rep. Lawlor said.  “Like all of the other states who have this law, with the exception of California, it applies in cases of violent offenders.  Our state’s law allows prosecutors to seek a full life sentence if someone had previously been convicted of two violent felonies and then is convicted of a third.”

Connecticut’s ‘three strikes’ law can be found in Public Act 94-37.

“There had been some misunderstanding in a couple of media reports that had incorrectly stated no such law exists in the state,” Rep. Lawlor said.

In addition, he explained that for at least 25 years Connecticut has also had a “Persistent Serious Felony Offender” law, which allows prosecutors to seek a doubled sentence if someone had been convicted and incarcerated for one previous felony, whether violent or non-violent.

“This law allows sentences to be doubled and applies to all felonies, whether it is manslaughter or burglary,” he said.

At the request of the House leadership, Lawlor was asked today to do an immediate inquiry into this matter and report back next week with further information and recommendations of how the legislature should proceed.

“This week should be reserved solely for mourning the victims and sharing our condolences with their family and friends.  We have decided to wait until next week before publicly discussing all of the relevant information in this case,” Lawlor said.  Obtaining and processing all of the available documents will take at least few days, he explained.

“We are taking this very, very seriously,” he said.  “Whatever we need to do to ensure this does not happen again, we will do.”

July 18, 2007

REP. LAWLOR: CONDO OWNERS’ RIGHTS EXPAND UNDER NEW STATE LAW

State Representative Mike Lawlor (D-East Haven) said that a new state law he authored will protect the rights of condominium owners in the state by requiring condo association boards to make certain information, such as proposed budgets and loan agreements, available to unit owners and allow the unit owners adequate time to submit comments to the board.  The new law also for the first time requires all condo property managers to be registered with the State Department of Consumer Protection.

The legislation, which was signed into law last week by Gov. M. Jodi Rell, was suggested by a constituent from East Haven who contacted Lawlor with concerns regarding her ability to access information about how her condo association board was spending the money that she and her neighbors pay through their regular association fees.

“After listening to her concerns, it made sense to me that this is how condominiums should operate,” Lawlor said.  “The association boards are like small town governments, and the unit owners are like taxpayers.  The unit owners have a right to know where their money is going, and also have a right to honest and competent services.”

The new law requires that condo associations give unit owners a reasonable opportunity to express their views concerning a proposed association budget before its adoption.  The association must provide a written copy of their proposed budget at the meeting in which the proposal will be voted on.  Within 30 days after its adoption, the board must provide a summary of the budget to all unit owners and set a date for a meeting of the unit owners to consider ratification of the budget.

It also requires that association boards disclose to unit owners in writing if they intend on entering into a loan agreement at least two weeks before doing so.  Details of the loan, including the amount, its terms and the effect on any common expense assessment must be provided, and unit owners must be given a reasonable amount of time to submit written comments about the loan to the board.

Association boards must also make available to unit owners all financial and other records, including the minutes of board meetings and the voting records of the board.

In addition, under the new law all property managers will now be required to register with the Department of Consumer Protection.  Previously, only the company that the manager worked for had been required to register, not the individual managers.

Lawlor said that after he submitted his bill for consideration in the legislature, condo associations from throughout the state gave their support for the concept.

“The legislation was well received because people understand that in most situations, openness is what leads to honesty and proficiency,” he explained.

The original version of the bill would have required testing and licensing by the Department of Consumer Protection of all property managers, but that was stripped out of the bill by the Appropriations Committee when it was determined that more staffing at the department would be needed to respond to complaints.  Lawlor said he is optimistic that full licensing can be passed in next year’s session of the legislature.

In 2006, Lawlor authored a statute making training available to all condo association board members.  He has been one of the leading advocates for condo owners’ rights in the legislature.

July 9, 2007

REP. LAWLOR APPLAUDS PASSAGE OF NEW EMINENT DOMAIN LAWS

State Representative Mike Lawlor (D-East Haven) said that newly enacted legislation he co-authored revising the state’s eminent domain laws and providing for stronger protections for property owners brings an end to a two-year long debate.

“These new laws give homeowners significant new rights and makes certain that no citizen has to be concerned with property being taken for strictly economic purposes,” Rep. Lawlor said.

Gov. M. Jodi Rell recently signed the bill into law, which Lawlor introduced on the floor of the House of Representatives in June.

The new laws prohibit taking property by eminent domain for the primary purpose of increasing local tax revenues, require the town legislative body to hold a public hearing and approve proposed takings by a two-thirds vote of its members, prohibit an agency from taking property five years after the legislative body approves the plan unless certain conditions are met, and give the owner of the property taken by eminent domain the right of first refusal to buy it back if it is not used for its intended purpose.

Property owners also must be compensated at 125% of the actual value of the property for their land based on the average of two independent appraisals – a significant increase over earlier rules.

In approving a taking, local legislative bodies will be required to consider how the project will benefit the public and determine whether the public benefits outweigh the private ones, determine that the agency cannot feasibly integrate the property’s current use into the overall development plan, and determine that acquiring the property by eminent domain is reasonably necessary to successfully achieve the plan’s objectives.

“These revisions to our laws will provide an increased amount of scrutiny, transparency and accountability in the eminent domain process in order to prevent its abuse,” Rep. Lawlor said.  “Municipal officials have a collective amount of new responsibilities that they must meet, all of which will protect property owners.”

June 26, 2007

REP. LAWLOR: EAST HAVEN TO RECEIVE INCREASE
IN STATE FUNDING FOR SCHOOLS

State Representative Mike Lawlor (D-East Haven) announced that the Town of East Haven will see a $1.2 million increase in state Education Cost Sharing (ECS) funds for the upcoming fiscal year with further increases scheduled for 2009 under the biennial state budget approved this week in the state legislature.

The ECS funding increases are historically large and are a substantial increase over previous proposals.

“This is a significant attempt to give towns some breathing room to allow for property taxes to be lowered,” Rep. Lawlor said.  “I sincerely hope that our town’s leadership will use these extra state dollars to give East Haven citizens property tax relief.”

While negotiating the state budget, Lawlor advocated with his colleagues at the State Capitol for additional relief for working families that would have resulted in lowering the state income taxes for those making less than $200,000 per year and would have also doubled the property tax credit to $1,000 from the current amount of $500.  Those attempts, however, were blocked by the governor and legislative Republicans.

“When it comes to the budget, the legislature cannot act without the signature and approval of the governor, and in this case Governor Rell blocked all of our attempts at tax reduction,” Rep. Lawlor said.  “I strongly believe that a progressive income tax structure that would provide tax cuts for the middle class and working poor is a fairer way to go, but a budget with no income tax increases like the one we passed is still a win.”

East Haven currently receives $16.8 million in ECS funding.  The town will receive an additional $1,177,539 in 2008 and $790,831 in 2009.

State Representative Mike Lawlor represents the 99th General Assembly District of East Haven.  He serves as chairman of the legislature’s Judiciary Committee and as a member of the Government Administration & Elections and Program Review Committees.

June 12, 2007

REP. LAWLOR EXPLAINS PROCESS FOR EXPELLING
OR CENSURING LEGISLATORS

The Connecticut Constitution does not allow for the impeachment of members of the General Assembly, State Representative Mike Lawlor (D-East Haven), House Chairman of the Judiciary Committee, said today in response to a number of news reports and editorials that have recently called for or speculated about the possible impeachment of a senator.

Lawlor, who in 2004 sat as a member of the Select Committee of Inquiry, a bi-partisan panel that considered and held hearings into the possible impeachment of former Governor John G. Rowland, explained that under the Connecticut Constitution, only “the governor, and all other executive and judicial officers” can be impeached.

However, he said, Article III, Section 13 of the state constitution provides that a legislator can be expelled or punished by a two-thirds vote of the chamber in which that legislator is a member.

He explained, “The impeachment an officer from the executive or judicial branch would require a hearing in the House of Representatives followed by a majority vote in the House.  If the House votes to impeach, then there would then be a full trial in the Senate.  Following the trial, removal from office would then require a two-thirds vote by the Senate.”

“However, in the case of a legislator, only the body in which that legislator resides can punish or expel them.  Either case would require a two-thirds vote by that chamber alone,” Lawlor said.

According to the non-partisan Office of Legislative Research, while no legislator has ever been expelled, the only legislator to be punished was former State Representative Russell Reynolds, who was censured and reprimanded by the House in 1980 after making a racist remark in a written press questionnaire.  A resolution of expulsion had been considered in that case, but was never acted upon.

“Under our state constitution, a member of the House of Representatives can only be expelled or punished by the House, and a member of the Senate can only be expelled or punished by the Senate,” Lawlor explained.  “These procedures are very similar to the ones used in Congress under Article 1, Section 5 of the United States Constitution.”

State Representative Mike Lawlor represents the 99th General Assembly District of East Haven.  He serves as chairman of the legislature’s Judiciary Committee and as a member of the Government Administration & Elections and Program Review Committees.

June 5, 2007

GOVERNOR RELL, LEGISLATORS TO MAKE BILL BANNING FUNERAL PROTESTS EFFECTIVE IMMEDIATELY
BiPartisan Effort Will Change October 1 Effective Date
of “Disruption of a Funeral” Law

Governor M. Jodi Rell, the Chairs of the Select Committee on Veterans’ Affairs and other legislators today called for an amendment on a suitable bill to make House Bill 6060, An Act Concerning Disruption of a Funeral effective immediately.  The funeral of 1st Lt. Keith Neal Heidtman, who died May 28 in Iraq, is Friday, June 8th and the Governor and legislators will try to ensure that the bill is in effect by that date.

“Our veterans serve and sacrifice -- and risk and lose their lives -- to protect our vital freedoms and national interests,” Governor Rell said “We take this immediate action so that no more families of our fallen heroes suffer the additional trauma of a protest at the funeral of their loved one.”

The legislation passed both Chambers with an effective date of October 1st and an amendment will be included in HB 6949 An Act Concerning National Guard Bonuses, scheduled for legislative action today. The action is especially timely because Lt. Heidtman’s funeral has been targeted for a protest by the Westboro Baptist Church of Topeka, Kansas, a group that has protested and disrupted military funerals across the country.

“The funeral of a veteran is a solemn event and the veteran’s family and friends are entitled to a peaceful ceremony unmarred by people who seek to make political statements,” said Representative Ted Graziani, House Chair of the Select Committee on Veterans’ Affairs.

“While the First Amendment guarantees the right to free speech, our Supreme Court has repeatedly stated that government may place reasonable time, place and manner restrictions on such speech, which the bill appropriately does,” said Andrew Maynard, Senate Chair of the Select Committee on Veterans Affairs.

The Governor and legislators noted that the restriction is limited only to speech or action intended to disrupt the funeral and places a careful and narrow restriction on such time, place and manner of free speech. It is limited in time to one hour before and after the funeral and in scope to 150 feet of the location of the funeral or 300 feet of ingress or egress of the funeral if the activity is an attempt to prevent such ingress or egress.

“The passing of a loved one is hard for any family to endure and the funeral for a military family should be treated with the highest respect for loved ones and be remembered as a lasting tribute for the deceased,” said Senator Andrew McDonald, Senate Chair of the Judiciary Committee.

“Disruption of a military funeral has happened once in Connecticut and it has been threatened on a few occasions. This bill will allow police to make an arrest if people intentionally disturb a funeral,” said Representative Mike Lawlor, House Chair of Judiciary.

“We have an obligation to balance the right to freedom of speech with the need for dignified, respectful funerals and memorials for our veterans,” added Senator Leonard Fasano, Ranking Member of the Veterans’ Committee.

“The disruption of the funerals of veterans by protesters is something that I think any citizen would agree is disrespectful and I am pleased to support this action,” said Representative Mike Alberts, Ranking Member of the Veterans’ Committee.

Lt. Keith Neal Heidtman of Norwich died May 28 when enemy fire took down the OH-58D Kiowa reconnaissance helicopter he was co-piloting over Diyala, Iraq, north of Baghdad. He was deployed to Iraq in December 2006.

June 1, 2007

LEGISLATURE HONORS EAST HAVEN POLICE OFFICER AT STATE CAPITOL

State Representative Mike Lawlor (D-East Haven) welcomed former East Haven police officer Bob Nappe to the State Capitol in Hartford on Thursday during a session at the House of Representatives and presented him with a citation from the General Assembly honoring him for his work in Iraq.

“Like all Americans who have volunteered to go to Iraq, Bob has shown extraordinary leadership for our country.  His work and bravery should be honored and respected,” Rep. Lawlor said.

Lawlor had sponsored legislation aimed at getting Nappe his job back after East Haven officials refused to let him back on the force when he returned from his work in Iraq.  Nappe had served on the East Haven police force for 19 years.

Speaker of the House James A. Amann (D-Milford) had invited Nappe to the Capitol with the intention of presenting him with the citation after having met him recently.  Amann praised Nappe for his brave work with the Iraqi police force.

The entire House membership joined with them at the session in applauding Nappe for his service.

State Representative Mike Lawlor represents the 99th General Assembly District of East Haven.  He serves as chairman of the legislature’s Judiciary Committee and as a member of the Government Administration & Elections and Program Review Committees.

From left to right: Rep. Steve Dargan (D-West Haven), Rep. Steve Fontana (D-West Haven), East Haven Police Officer Bob Nappe, Rep. Mike Lawlor (D-East Haven), and Speaker of the House Jim Amann (D-Milford).

May 24, 2007

HOUSE DEMOCRATS PASS BILL TO SEND ‘MEGAN’S LAW’ INTO CYBERSPACE  
Sex offenders would have email, Internet addresses tracked

State Representative Mike Lawlor (D-East Haven) announced that the House of Representatives on Thursday unanimously approved legislation he co-authored that will extend Connecticut’s ‘Megan’s Law’ to the Internet by tracking email addresses and other online identifiers of convicted sex offenders. Currently, the state’s sex offender registry tracks the physical location of offenders, and Lawlor says it’s time to add cyberspace locations to the law.

“Connecticut was one of the first states to enact Megan’s Law, and now in the Information Age we must update those statutes so that law enforcement will have the proper tools to stay one step ahead of sex predators online,” said Lawlor, who serves as House Chair of the Legislature’s Judiciary Committee.

Legislation proposed by Lawlor and Speaker of the House James A. Amann (D-Milford), and supported by Connecticut’s Chief State’s Attorney Kevin Kane, requires a convicted sex offender to register any email address, instant message address, and any other Internet identifiers with the Department of Public Safety. Failure to comply will carry the same penalties for not reporting an offender’s physical addresses, which carries a jail term of up to 5 years (class D felony).

“Megan’s Law is based on keeping track of where sex offenders reside, so it makes sense to also track their location on the Internet,” said Amann, who along with Lawlor sponsored Connecticut’s original Megan’s Law bill in 1995. “Megan’s Law continues to evolve over time, and if it is important to know where a sex offender physically lives then we should also know where they are in cyberspace.”

The legislation also makes it a crime (class C felony) with a prison term up to 10 years, for any person that misrepresents their age to entice a minor on the Internet to engage in sexual activity. In addition, the bill establishes a mechanism for Internet networking sites to share data with law enforcement officials.

“This is a logical extension of the Megan's law registration requirements and will give law enforcement additional workable tools to better protect the public -- and especially innocent children," said Kane.

MySpace.com, the largest online social networking site, also backs the legislation, and said they are committed to keeping sex offenders off their network and working with law enforcement to help convict sexual predators.

"The Internet has become a community as real as any other neighborhood and is in need of similar safeguards,” said Hemanshu Nigam, Chief Security Officer for MySpace. “By requiring offenders to register any email address, IM screen name, or chat handle, and aggregating that information in a database, websites that choose to block sex offenders can do so and law enforcement will have new tools to employ against predators who attempt to misuse the Internet to find potential victims."

The legislation will also add persons who are paid to repair computers to the list of people required to report to authorities if they discover something through their employment that would give them a reasonable belief that a child is being abused.

Megan’s Law is named for 7 year-old Megan Kanka of New Jersey, who was killed in 1994 by a sex offender living near her home.  In 1995, Connecticut passed legislation sponsored by Lawlor mandating notification of residents that a sex offender was living in their neighborhood. A 1997 law made those addresses available to the general public. Originally placed on-line in 1999, a federal court removed the convicted sex offender list from the Internet in 2001 citing constitutional grounds, but the United States Supreme Court overturned the ruling in 2003.

The legislation now awaits action in the Senate.

Rep. Mike Lawlor, Speaker of the House James Amann and Rep. Steve Dargan were joined by Connecticut Chief State's Attorney Kevin Kane on Thursday, May 24, 2007, to announce legislation they authored that will track sex offenders on the internet.  The legislation passed in the House by a unanimous vote later that day.

April 16, 2007

LEGISLATURE OFFERS TAX CUTS TO 90% OF TAXPAYERS
Increases in Town Aid Anticipated for East Haven

State Representative Mike Lawlor (D-East Haven) announced that 90% of state income tax filers would receive a tax cut under the legislature’s budget and tax plan revealed late last week.  That approach counters Governor Rell’s call for an across the board hike in the income tax for all taxpayers.

In addition, the property tax credit on the state income tax would double from $500 to $1,000 under the legislative package put forth by majority Democrats.  On the income tax, joint filers up to $150,000 would see a decrease in their tax liability.  Only after $192,000 would the income tax increase, while the Governor’s plan raises the income tax on all filers.

“By instituting a fairer tax structure, we are able to provide middle class tax relief on both the income tax and local property taxes to almost 90% of the state,” Rep. Lawlor said.

On the spending side of the budget, Rep. Lawlor said increased investments are made in education, healthcare and energy.  The proposal includes an additional $1.4 million for education and town aid in East Haven – a 7.6% increase over and above what the town received in fiscal year 2007.

“Tax relief, more state aid for our town and more money for health care – this budget is a winner on all fronts,” said Rep. Lawlor.

The health care plan involves pumping $300 million into programs designed to help children and seniors, with an estimated $75 million being reimbursed by the federal government.  The HUSKY program would also be expanded to cover parents and pregnant women.  A funding increase goes to hospitals, physicians, clinics, dental care, vision, chronic disease hospitals and personal care assistants – the first such increase since 1989.

“There are a lot of hard choices to be made every year about what the state should invest in,” Rep. Lawlor continued. “This budget finds a way to provide tax cuts to mostly everyone and at the same time puts resources where our citizens need them.”

State Representative Mike Lawlor represents the 99th General Assembly District of East Haven.  He serves as chairman of the legislature’s Judiciary Committee and as a member of the Government Administration & Elections and Program Review Committees.

March 29, 2007

REWRITTEN VERSION OF JESSICA’S LAW LEGISLATION FILED
TO TOUGHEN SENTENCES OF CHILD PREDATORS
Proposal Meets Concerns of Victim Groups

State Representative Mike Lawlor (D-East Haven), House Chair of the Judiciary Committee, announced today that new legislation has been filed that fixes problems with the previous version of the Jessica’s Law proposal that had been filed earlier this session.  The new proposal was written by Rep. Lawlor along with victim advocate groups, state prosecutors, and other legislators to address serious flaws in the original bill.

Victim groups, such as the Connecticut Sexual Assault Crisis Services, the Office of the Victim Advocate, and other local victim organizations including the Rape Crisis Center of Milford, had opposed the previous version of the Jessica’s Law legislation, testifying at a Judiciary Committee public hearing on February 23 that the bill as written would actually have the opposite effect of its intent, would weaken existing child predator statutes, and would result in more child predators serving no prison sentences at all.  State prosecutors also testified against the bill, citing similar concerns.

“My view is that we should always listen to the victims first and that, in this case, is how things have turned out,” Rep. Lawlor said.  He confirmed that the newly filed proposal has the support of Democratic and Republican leaders, the governor, state prosecutors, and most importantly, victim advocate groups.

“The new version of this proposal strengthens our statutes and affirms Connecticut’s position as a leader in the nation against child sex abusers,” Rep. Lawlor asserted.

Under the new legislation, SB 1458 – An Act Concerning Jessica’s Law, penalties would be increased for true predators who go to trial, but prosecutors would retain discretion to resolve cases without a trial when victims request it.  The proposal also contains a “tender years” exception which would allow child victims to testify out of the physical presence of accused molesters during trials – a crucial tool that was left out of the governor’s original proposal.

Also, a second bill that Rep. Lawlor introduced, HB 7408, would extend the statute of limitations in child sexual assault cases from 30 years to 40 years starting from the victim’s 18th birthday.

The Connecticut legislature became a leader thirteen years ago as one of the first states in the nation to enact the majority of the provisions contained in similar Jessica’s Law legislation that many states, such as Florida, have adopted in the last two years.

These provisions, known as “truth in sentencing” laws, became the strongest in the country by eliminating early release for sex offenders, allowing law enforcement officials to monitor violent offenders with electronic monitoring devices including Global Positioning Satellites, and requiring the offenders to pay the cost of these monitoring devices.

Connecticut has consistently served in the top five of states in the percentage of prison time served by violent offenders, including sex offenders.

In addition, last year Rep. Lawlor led the Judiciary Committee to pass a bill aimed at giving police, prosecutors and victims the tools to present the strongest possible cases in child sex abuse crimes that would minimize plea bargaining.

Rep. Lawlor said that the rewritten bill now enjoys broad bipartisan support and will be the subject of a public hearing next Wednesday, April 4.  He expects the bill to win passage and be signed into law by the governor.

“I’ve always believed that before you change the laws, you need to talk to the people affected most by it – in this case, the victims of these atrocious crimes.  This legislation does exactly that,” Rep. Lawlor said.  “I want to compliment the members of the Judiciary Committee and the governor’s office for focusing in on the concerns of the victims.”

State Representative Mike Lawlor is serving his eleventh term representing the 99th General Assembly District of East Haven.  He has been nationally recognized for his work on major reforms to Connecticut’s criminal justice system and serves on the advisory board of the Center for Sex Offender Management, part of the United States Department of Justice.  He serves as chairman of the legislature’s Judiciary Committee.

March 15, 2007

LAWMAKERS TO ADVOCATE FOR REFORM OF BAIL BOND INDUSTRY

Judiciary Committee chairmen Sen. Andrew J. McDonald (D-Stamford) and Rep. Michael P. Lawlor (D-East Haven) are joining with the chairs of the Public Safety and Security Committee, Sen. Andrea L. Stillman (D-Waterford) and Rep. Stephen D. Dargan (D-West Haven), to pursue one piece of a 2004 bill that would create more oversight of the bail bond industry.

The chairs’ call for reform comes in response to the recent arrest of two New Haven police officers and three bail bondsmen who are accused of exchanging bribes.

The legislation, which would move supervision of the bail bond industry from the Department of Insurance to the Department of Public Safety, originally had been approved by the Judiciary Committee in 2004 but was blocked from a vote on the floor of the House when the same bondsmen who were arrested Tuesday hired lobbyists and led the opposition to the bill.

“The events that unfolded this week clearly demonstrate the need for the reform that we advocated for in 2004. The Department of Insurance obviously does not have the expertise in dealing with the criminal justice system that the Department of Public Safety has,” Rep. Lawlor said.

The 2004 legislation emerged after the General Assembly’s Public Review & Investigations Committee conducted a study on the bail bond industry, which concluded that the industry is dangerously unregulated, and that illegal and unprofessional pricing and business practices such as undercutting, rebating, and posting fraudulent bonds among licensed bondsmen in Connecticut are pervasive and persistent.

“The legislation that was debated three years ago should have been passed and signed into law,” Sen. Stillman said.  “We are exploring our options to see what both of our committees can do this session to pass immediate reform for stronger oversight of this industry.”

Rep. Lawlor added, “The good news is that the new commissioner of the Department of Public Safety, John A. Danaher, III, just left the U.S. Attorney’s Office and knows better than anybody about how serious this problem is and how important a solution is.”

According to Lawlor, most bail bondsmen supported the 2004 legislation because they wanted to make sure there was oversight so their competitors couldn’t cheat.