(a) A covered offender shall register with the attorney general and comply with the provisions of this chapter for life or for a shorter period of time as provided in this chapter. Registration under this subsection is required whenever the covered offender, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year. A covered offender shall be eligible to petition the court in a civil proceeding for an order that the covered offender’s registration requirements under this chapter be terminated, as provided in § 846E-10.

Terms Used In Hawaii Revised Statutes 846E-2

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney general: means the attorney general of the State of Hawaii, the department of the attorney general, or an authorized representative of the attorney general. See Hawaii Revised Statutes 846E-1
  • Chief of police: means the county chief of police, the county police department, or an authorized representative of the chief of police. See Hawaii Revised Statutes 846E-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means a judgment on the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor, and occurs on the date judgment is entered. See Hawaii Revised Statutes 846E-1
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Covered offender: means a "sex offender" or an "offender against minors" as defined in this section. See Hawaii Revised Statutes 846E-1
  • Covered offense: means a criminal offense that is:

    (1) A crime within the definition of "crimes against minors" in this section; or
    (2) A crime within the definition of "sexual offense" in this section. See Hawaii Revised Statutes 846E-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Offender against minors: means a person who is not a "sex offender" as defined in this section, and is or has been:

    (1) Convicted at any time, whether before or after May 9, 2005, of a "crime against minors" as defined in this section; or
    (2) Charged at any time, whether before or after May 9, 2005, with a "crime against minors" as defined in this section and who is found unfit to proceed and is released into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community. See Hawaii Revised Statutes 846E-1
  • Permanent residence: means a building, permanent structure or unit therein, or watercraft where the covered offender resides and intends to reside indefinitely, or at least for the next one hundred eighty days, and which the offender owns, rents, or occupies with the consent of the owner. See Hawaii Revised Statutes 846E-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Registration information: means the information specified in section 846E-2(d) and (e). See Hawaii Revised Statutes 846E-1
  • Release: means release from:

    (1) Imprisonment;
    (2) Imprisonment and placed on parole;
    (3) Imprisonment and placed on furlough;
    (4) Any form of commitment, custody, or confinement resulting from an order made pursuant to chapter 704; or
    (5) A halfway house or other equivalent facility,

    whichever is later. See Hawaii Revised Statutes 846E-1

  • Repeat covered offender: means :

    (1) A person who is or has been convicted at any time, whether before or after May 9, 2005, of more than one covered offense as defined in this section, except that a conviction for multiple counts within a single charging document that allege covered offenses against the same victim and that allege the same date of the covered offense against that single victim shall be considered, for the purposes of this definition, a single covered offense; or
    (2) A person who is or has been charged at any time, whether before or after May 9, 2005, with more than one covered offense as defined in this section and who has been, more than once, either:
    (A) Convicted;
    (B) Found unfit to proceed pursuant to chapter 704; or
    (C) Acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704. See Hawaii Revised Statutes 846E-1
  • Sex offender: means :

    (1) A person who is or has been convicted at any time, whether before or after May 9, 2005, of a "sexual offense"; or
    (2) A person who is or has been charged at any time, whether before or after May 9, 2005, with a "sexual offense" and is or has been found unfit to proceed and is or has been released into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community. See Hawaii Revised Statutes 846E-1
  • Temporary residence: means a building, permanent structure or unit therein, watercraft, emergency shelter, or transitional housing facility where the covered offender resides, but does not intend to reside for more than one hundred eighty days. See Hawaii Revised Statutes 846E-1
(b) A person who establishes or maintains a residence in this State or who remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year, and who has not been designated as a covered offender by a court of this State but who has been designated as a covered offender, sex offender, offender against minors, repeat covered offender, sexually violent predator, or any other sexual offender designation in another state or jurisdiction and was, as a result of the designation, subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a covered offender, shall register in the manner provided in this section. A person who meets the criteria of this subsection is subject to the requirements of this chapter for covered offenders and penalty provisions of § 846E-9 until the person successfully petitions:

(1) The attorney general for termination of registration requirements by providing an order issued by the court that designated the person as a covered offender, sex offender, offender against minors, repeat covered offender, sexually violent predator, or any other sexual offender designation in the state or jurisdiction in which the order was issued, which states that the designation has been removed or demonstrates to the attorney general that the designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and the person does not meet the criteria for registration as a covered offender under the laws of this State; provided that if the person is not satisfied with the decision of the attorney general on the request for termination of registration requirements, the person may appeal the decision pursuant to chapter 91; or
(2) The court for termination of registration requirements pursuant to § 846E-10.
(c) Each provision of this chapter applicable to sex offenders shall also be applicable to offenders against minors, unless offenders against minors are specifically excluded. Whenever a covered offender’s public information is made publicly accessible, separate registries shall be maintained for:

(1) Sex offenders; and
(2) Offenders against minors.
(d) Registration information for each covered offender shall include a signed statement by the covered offender containing:

(1) The name, all prior names, nicknames and pseudonyms, and all aliases used by the covered offender or under which the covered offender has been known and other identifying information, including date of birth and any alias date of birth, social security number and any alias social security number, sex, race, height, weight, and hair and eye color;
(2) The actual address and telephone number of the covered offender’s permanent residence or the address of the covered offender’s current temporary residence, or if an address is not available, a description of the place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period, and for each address or place where the covered offender resides, how long the covered offender has resided there;
(3) The actual address or description of the place or area, the actual length of time of the stay, and telephone number where the covered offender is staying for a period of more than ten days, if other than the stated residence;
(4) If known, the future address and telephone number of the place where the covered offender is planning to reside, if other than the stated residence;
(5) Any electronic mail address, any instant message name, any internet designation or moniker, and any internet address used for routing or self-identification;
(6) Any cell phone number and other designations used for routing or self-identification in telephonic communications;
(7) Names and, if known, actual business addresses of current and known future employers, including information for any place where the covered offender works as a volunteer or otherwise works without remuneration, and the starting and ending dates of any such employment;
(8) For covered offenders who may not have a fixed place of employment, a description of the places where such a covered offender works, such as information about normal travel routes or the general area or areas in which the covered offender works;
(9) Professional licenses held by the covered offender;
(10) Names and actual addresses of current and known future educational institutions with which the covered offender is affiliated in any way, whether or not compensated, including but not limited to affiliation as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;
(11) The year, make, model, color, and license or registration or other identifying number of all vehicles, including automobiles, watercrafts, and aircrafts, currently owned or operated by the covered offender and the address or description of the place or places where the covered offender’s vehicle or vehicles are habitually parked, docked, or otherwise kept;
(12) Passports and information about the passports, if the covered offender has passports, and documents establishing immigration status and information about these documents, if the covered offender is an alien;
(13) A statement listing all covered offenses for which the covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;
(14) A statement indicating whether the covered offender has received or is currently receiving treatment ordered by a court of competent jurisdiction or by the Hawaii paroling authority;
(15) A statement indicating whether the covered offender is a United States citizen; and
(16) Any additional identifying information about the covered offender.
(e) The following information shall also be included in the registry for each covered offender:

(1) A current photograph of the covered offender;
(2) A physical description of the covered offender, including a description of particular identifying characteristics such as scars or tattoos;
(3) Confirmation that the covered offender has provided digitized fingerprints and palm prints of the covered offender;
(4) Judgment of conviction, judgment of acquittal, or judicial determination of unfitness to proceed documenting the criminal offense or offenses for which the covered offender is registered;
(5) The text, or an electronic link to the text, of the provision of law defining the criminal offense or offenses for which the covered offender is registered;
(6) The criminal history of the covered offender, or an electronic link to the criminal history, including the date of all arrests and convictions, the status of parole, probation, or supervised release, registration status, and the existence of any outstanding arrest warrants for the covered offender;
(7) Confirmation that the covered offender has provided a DNA buccal swab sample as required by chapter 844D;
(8) Digitized copies of a valid driver’s license or identification card issued to the covered offender, or an electronic link to such records; and
(9) Digitized copies of passports and documents establishing immigration status, or an electronic link to such records.
(f) Whenever a covered offender provides registration information, during initial registration as a covered offender or when providing notice of a change in registration information, the covered offender also shall sign a statement verifying that all of the registration information is accurate and current.
(g) In addition to the requirement under subsection (a) to register with the attorney general and comply with the provisions of this chapter until a court relieves the covered offender of the registration requirements of this chapter, each covered offender shall also register in person with the chief of police where the covered offender resides or is present. Registration under this subsection is for the purpose of providing the covered offender’s photograph, fingerprints, and registration information. Registration under this subsection is required whenever the covered offender, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year. Covered offenders required to register in person with the chief of police under this subsection shall register no later than three working days after the earliest of:

(1) Arrival in this State;
(2) Release from incarceration;
(3) Release from commitment;
(4) Release on furlough;
(5) Conviction for a covered offense, unless incarcerated;
(6) Release on probation;
(7) Placement on parole; or
(8) Arrival in a county in which the covered offender resides or expects to be present for a period exceeding ten days.

In addition to any other requirement to register under this subsection or subsection (a), each covered offender shall report in person every five years until June 30, 2009, and beginning on July 1, 2009, every year, within the thirty-day period following the offender’s date of birth, to the chief of police where the covered offender resides, or to such other department or agency that may be designated by the attorney general in rules adopted pursuant to chapter 91 for purposes of the administration of this subsection, and shall review the existing information in the registry that is within the offender’s knowledge, correct any information that has changed or is inaccurate, provide any new information that may be required, and allow the police and such other department or agency designated by the attorney general to take a current photograph of the offender.

(h) The registration provisions of this section shall apply to all covered offenders without regard to:

(1) The date of the covered offender’s conviction;
(2) The date of finding, pursuant to chapter 704, of the covered offender’s unfitness to proceed; or
(3) The date of the covered offender’s acquittal due to mental disease, disorder, or defect, pursuant to chapter 704.
  Previous
Next  
 Chapter 846E Contents