§846E-10 - Termination of registration requirements.
§846E-10 Termination of registration
requirements. (a) Tier 3 offenses. A covered offender whose covered
offense is any of the following offenses shall register for life and, except as
provided in subsection (e), may not petition the court, in a civil proceeding,
for termination of registration requirements:
(1) Any offense set forth in section 707-730(1)(a),
(b), (d), or (e), 707-731(1)(a) or (b), 707-732(1)(a), (b), or (f), or
707-733.6;
(2) An offense set forth in section 707-720; provided
that the offense involves kidnapping of a minor by someone other than a parent;
(3) An offense that is an attempt, criminal
solicitation, or criminal conspiracy to commit any of the offenses in paragraph
(1) or (2);
(4) Any criminal offense that is comparable to one of
the offenses in paragraph (1), (2), or (3); or
(5) Any federal, military, or out-of-state offense
that is comparable to one of the offenses in paragraph (1), (2), or (3).
(b) A repeat covered offender shall register
for life and, except as provided in subsection (e), may not petition the court,
in a civil proceeding, for termination of registration requirements.
(c) Tier 2 offenses. A covered offender who
has maintained a clean record for the previous twenty-five years, excluding any
time the offender was in custody or civilly committed, and who has
substantially complied with the registration requirements of this chapter for
the previous twenty-five years, or for the portion of that twenty-five years
that this chapter has been applicable, and who is not a repeat covered offender
may petition the court, in a civil proceeding, for termination of registration
requirements; provided that the covered offender's most serious covered offense
is one of the following:
(1) Any offense set forth in section 707-730(1)(c),
707-731(1)(c), 707-732(1)(c), 707-750, 707-751, 712-1202(1)(b), or
712-1203(1)(b);
(2) An offense set forth in section 707-720; provided
that the charging document for the offense for which there has been a
conviction alleged intent to subject the victim to a sexual offense;
(3) An offense set forth in section 707-756 that
includes an intent to promote or facilitate the commission of another felony
covered offense as defined in section 846E-1;
(4) An offense that is an attempt, criminal
solicitation, or criminal conspiracy to commit any of the offenses in paragraph
(1), (2), or (3);
(5) Any criminal offense that is comparable to one of
the offenses in paragraph (1), (2), (3), or (4); or
(6) Any federal, military, or out-of-state offense
that is comparable to one of the offenses in paragraph (1), (2), (3), or (4).
(d) Tier 1 offenses. A covered offender who
has maintained a clean record for the previous ten years, excluding any time
the offender was in custody or civilly committed, and who has substantially
complied with the registration requirements of this chapter for the previous
ten years, or for the portion of that ten years that this chapter has been
applicable, and who is not a repeat covered offender may petition the court, in
a civil proceeding, for termination of registration requirements; provided that
the covered offender's most serious covered offense is one of the following:
(1) Any offense set forth in section 707-732(1)(d) or
(e), 707-733(1)(a), 707-752, 707-759.
(2) An offense set forth in section 707-721 or
707-722; provided that the offense involves unlawful imprisonment of a minor by
someone other than a parent;
(3) An offense set forth in section 707-757 that
includes an intent to promote or facilitate the commission of another covered
offense as defined in section 846E-1;
(4) An offense that is an attempt, criminal
solicitation, or criminal conspiracy to commit any of the offenses in paragraph
(1), (2), or (3);
(5) Any criminal offense that is comparable to one of
the offenses in paragraph (1), (2), (3), or (4); or
(6) Any federal, military, or out-of-state offense
that is comparable to one of the offenses in paragraph (1), (2), (3), or (4).
(e) Notwithstanding any other provisions in
this section, any covered offender, forty years after the covered offender's
date of release or sentencing, whichever is later, for the covered offender's
most recent covered offense, may petition the court, in a civil proceeding, for
termination of registration requirements.
(f) In the civil proceeding for termination of
registration requirements, the State shall be represented by the attorney
general; provided that the attorney general, with the prosecuting agency's
consent, may designate the prosecuting agency that prosecuted the covered
offender for the most recent covered offense within the State to represent the
State. For covered offenders who have never been convicted of a covered
offense within the State of Hawaii, the attorney general shall represent the
State; provided that the attorney general, with the prosecuting agency's
consent, may designate the prosecuting agency for the county in which the
covered offender resides to represent the State. The court may order this
termination upon substantial evidence and more than proof by a preponderance of
the evidence that:
(1) The covered offender has met the statutory
requirements of eligibility to petition for termination;
(2) The covered offender has substantially complied
with registration requirements;
(3) The covered offender is very unlikely to commit a
covered offense ever again; and
(4) Registration by the covered offender will not
assist in protecting the safety of the public or any member thereof.
(g) A denial by the court for relief pursuant
to a petition under this section shall preclude the filing of another petition
for five years from the date of the last denial. [L 2005, c 45, pt of §1; am L
2008, c 80, §9]