§846-2.5  Purpose of the criminal justice
data center.  (a)  The Hawaii criminal justice data center, hereinafter
referred to as the "data center", shall be responsible for the
collection, storage, dissemination, and analysis of all pertinent criminal justice
data from all criminal justice agencies, including, the collection, storage,
and dissemination of criminal history record information by criminal justice
agencies in such a manner as to balance the right of the public and press to be
informed, the right of privacy of individual citizens, and the necessity for
law enforcement agencies to utilize the tools needed to prevent crimes and
detect criminals in support of the right of the public to be free from crime
and the fear of crime.



(b)  The attorney general shall select and
enforce systems of identification, including fingerprinting, of:  all adults
arrested for a criminal offense; all persons to whom penal summonses have been
issued for a criminal offense and who have been convicted or granted a deferred
acceptance of guilty or nolo contendere plea or a conditional discharge; and
without the necessity of a court order, children who are twelve years of age or
older who come within section 571-11(1) and who are taken into custody for
committing an act that, if committed by an adult, would be a felony, a
misdemeanor, or a petty misdemeanor.  The attorney general shall provide for
the collection, recording, and compilation of data and statistics relating to
crime.  Unless a child's physical fingerprint record is otherwise authorized to
be entered into the system, and notwithstanding any law to the contrary, the
attorney general shall purge any child's electronic fingerprint record entered
into the identification system pursuant to this subsection either, upon court
order or when:  the child attains the age of twenty-five years; the child is
determined not to be responsible for committing the act for which the
fingerprints were taken; or the child is not informally adjusted under section
571-31.4 and a petition is not filed within one year from the date the child is
taken into custody.  The court shall notify the attorney general when a child
is determined not to be responsible for committing the act for which the
fingerprints were taken.  A child's fingerprint record shall not be transmitted
to any system outside the State.



Notwithstanding any law to the contrary, upon
the conviction of a person to whom a penal summons complaint has been issued
for a criminal offense, or upon the granting of a deferred acceptance of a
guilty or nolo contendere plea or a conditional discharge to such person, the
court shall order the person to report, within seven days, to the appropriate
police department, sheriff's office, or other governmental agency for
identification processing, including fingerprinting and photographing, as
provided under this subsection.  Failure to comply with a court order for
identification processing under this subsection will constitute criminal
contempt of court in violation of section 710-1077.



The several counties shall provide the
necessary equipment and the compensation of the persons required to install and
carry out the work of the systems of identification and statistics in their
respective jurisdictions; provided that those expenses in connection with
matters exclusively within the control of the State shall be borne by the
State; and provided further that the State shall provide for the management and
equipment maintenance of the computerized fingerprint identification system.



The systems shall be uniform throughout the
State, shall be continuous in operation, and shall be maintained as far as
possible in a manner as shall be in keeping with the most approved and modern
methods of identification and of the collection and compilation of the statistics.



The attorney general shall keep a uniform
record of the work of the courts, prosecuting officers, the police, and other
agencies or officers for the prevention or detection of crime and the
enforcement of law in a form suitable for the:



(1)  Study of the cause and prevention of crime and
delinquency and of the efforts made and efficacy thereof to detect or prevent
crime and to apprehend and punish violators of law; and



(2)  Examination of the records of the operations of
those officers and the results thereof.



(c)  The attorney general may prescribe,
establish, and change forms to be followed in keeping records and in making
reports to the data center.  All courts and the judges and other officers
thereof and all prosecuting officers, chiefs of police, and other agencies and
officers for the prevention or detection of crime and for the enforcement of
law shall use such forms, keep such records, and make such reports to the data
center as may be so required.



(d)  In order to accomplish this purpose, the
data center shall develop systems and provide the structure that support
criminal justice information systems, provide statistical research and data
analysis, and make public periodic reports which shall provide the public with
a clear view of the criminal justice systems. [L 1980, c 269, §1; am L 1982, c
57, §2; am L 1983, c 78, §3(5); am L 1985, c 119, §1; am L 1988, c 58, §1; am L
1995, c 100, §3; am L 1997, c 292, §2; am L 2001, c 196, §2]