§846E-2  Registration requirements. 
(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.  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
section 846E-10.



(b)  A person who establishes or maintains a
residence in this State 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 such 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 and shall be subject to
community and public notification as provided in section 846E-3.  A person who
meets the criteria of this subsection is subject to the requirements and
penalty provisions of section 846E-9 until the person successfully petitions
the attorney general for termination of registration requirements by:



(1)  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 such designation has been removed or demonstrates to the attorney general that such 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 such person
does not meet the criteria for registration as a covered offender under the
laws of this State; or



(2)  Demonstrating that the out-of-state convictions
upon which the sexual offender designation was established are not covered
offenses under section 846E-1, thereby showing that such person does not meet
the criteria for registration as a covered offender under the laws of this
State.



If the covered offender is not satisfied with the
decision of the attorney general on the request for termination of registration
requirements, the covered offender may appeal the decision pursuant to chapter
91.



(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 residence or any current, temporary address where the
covered offender resides, 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
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. [L 1997, c
316, pt of §2; am L 1998, c 194, §2; am L 2002, c 234, §1; am L 2003, c 62, §4;
am L 2004, c 59, §2; am L 2005, c 45, §4; am L 2006, c 106, §2; am L 2008, c
80, §5]



 



Case Notes



 



  As the registration requirements of chapter 846E do not
interfere with any of a sex offender's protected liberty interests, the
protections of procedural due process are not triggered.  97 H. 285, 36 P.3d
1255.



  The lifetime registration component of the Hawaii sex
offender registration statute implicates a protected liberty interest under the
Hawaii constitution, article I, §5 and requires that minimum requirements of
due process--notice and opportunity to be heard--be afforded to convicted sex
offenders; such a proceeding may be instituted by a sex offender in a special
proceeding.  105 H. 222, 96 P.3d 242.