Any person convicted at any time of a “sexual offense” or "crime against minors" or charged at any time with a “sexual offense” or "crime against minors" 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 and is released into the community is required to register for life. Further information, including definition of the terms "sexual offense" and "crime against minor," can be found in chapter 846E, Hawaii Revised Statutes (HRS).
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.
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.
The Department of the Attorney General, Hawaii Criminal Justice Data Center is responsible for the sex offender registry.
Timeframe for Registration:
Three working days of any change in registration information
Applies to Out of State Offenders:
Duration of Requirement:
A person must register for life. However, section 846E-10, HRS, provides provisions for termination of registration requirements.
Verification of Address:
The Department of the Attorney General mails a verification form to each registrant every 90 days and the registrant is required to verify the information, sign the form, and return it to the department within ten working days. Furthermore, each covered offender shall report in person 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, to 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, an allow the police and such other department or agency designated by the Attorney General to take a current photograph of the offender.
Penalties for Non-Compliance:
Failure to comply with covered offender registration requirements is a class C felony.
Access to Information:
Registration information shall be disclosed as follows:
(1) The information shall be disclosed to law enforcement agencies for law enforcement purposes;
(2) The information shall be disclosed to government agencies conducting confidential background checks; and
(3) The attorney general and any county police department shall release public information as provided in section 846E-3, HRS concerning a specific person required to register under this chapter; provided that the identity of a victim of an offense that requires registration shall not be released. However, if the covered offender has been convicted of only one covered offense and that offense is a misdemeanor, the covered offender shall not be subject to the public access requirements.
Only “public information” as defined in section 846E-3, HRS is not confidential.