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538US1 Unit: $U27 10-26-04 13:20:21 PAGES PGT: OPEN CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 2002 CONNECTICUT DEPARTMENT OF PUBLIC SAFETY et al. v. DOE, individually

The law is limited in scope only to cases involving repeated, serious sexual offenses; it does not apply to certain conduct involving minor children. The State and the petitioner, an employee on the DOE, are not required to register if they are not convicted of a sexual offense. The state, through its police department, uses the information it obtains to assist officers and victims of sex crimes, but not to investigate or prosecute sex crimes, in maintaining the public safety. The respondent and the DOE were engaged in a legal process with no connection to “the prevention or punishment of crimes against children”; the law's purpose is to prevent sexual harassment, not the sex offenses itself. However, a public authority, the DOE, is acting as a law enforcement agency in enforcing the law. Section 29-19 of the General Statutes authorizes the Attorney General to require registration for anyone convicted of a sexual offense involving a minor child. Section 28-531 of the General Statutes, as amended, of the State Department of Public Safety (DPS) and Section 28-52 of the Emergency Planning and Community Right-to-Know Law (ECR), do likewise for any person convicted of a crime involving an endangered or endangered human life. The law's purpose is to deter sex offenses, which are “the most severe sexual offense[s]” against children. The respondents, who are the principal officers of the police department and responsible for enforcing the law, were unaware of or did not fully appreciate the full scope of the registration requirements that are contained in the general statutes and the ECR. They are required to register under section 28-531 and under section 29-19, in addition to registration under the ECR. The purpose of these provisions is to ensure a high degree of safety by ensuring that those convicted of the most serious crimes (serious and specific sexual offenses involving children) cannot reoffend and, by requiring registration, prevent sexual harassment of victims. In addition to the penalty, the registration requirement must be enforced, and enforcement includes notification of the victim of the person's conviction and failure to register. The state asserts that the registration requirements are not “punitive” but instead are intended to promote public safety because offenders fear being identified to victims. In response, the respondent contends that the laws are so narrowly tailored that they are not subject to such a “punitive” effect.

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