(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:

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Terms Used In Hawaii Revised Statutes 846E-10

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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
  • Clean record: means no conviction for a felony or covered offense, if placed on probation or parole, completion of probation or parole without more than one revocation, and, for sex offenders, successful completion of an appropriate sex offender treatment program, if such program was ordered. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Parent: means a parent, legal guardian, or a person who has a substantial familial or hanai relationship with the minor. 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
  • Sexual offense: means an offense that is:

    (1) Set forth in section 707-730(1), 707-731(1), 707-732(1), 707-733(1)(a), 707-733. See Hawaii Revised Statutes 846E-1
(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 (g); or 707-733.6;
(2) An offense set forth in § 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, out-of-state, tribal, or foreign 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, or 712-1203(1)(b), as section 712-1203(1)(b) read before its amendment pursuant to section 9 of Act 147, Session Laws of Hawaii 2008;
(2) An offense set forth in § 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 § 707-756 that includes an intent to promote or facilitate the commission of another felony covered offense as defined in § 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, out-of-state, tribal, or foreign 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), (e), or (f); 707-733(1)(a); 707-752; 707-759; 711-1110.9; 712-1203(1); or 712-1209.1;
(2) An offense set forth in § 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 § 707-757 that includes an intent to promote or facilitate the commission of another covered offense as defined in § 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);
(6) Any federal, military, out-of-state, tribal, or foreign offense that is comparable to one of the offenses in paragraph (1), (2), (3), or (4); or
(7) Any other covered offense that is not specified in subsection (a) or (c) or paragraph (1), (2), (3), (4), (5), or (6).
(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, 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 person who does not meet the criteria for registration as a covered offender under the laws of this State, but is subject to registration pursuant to section 846E-2(b), may petition the court, in a civil proceeding, for termination of registration requirements; provided that the person has maintained a clean record for the previous ten years, excluding any time the person was in custody or civilly committed; has substantially complied with the registration requirements of this chapter for the previous ten years; and was not designated a repeat covered offender in any state or jurisdiction. 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 person 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 person has met the statutory requirements of eligibility to petition for termination;
(2) The person has substantially complied with registration requirements;
(3) The person is very unlikely to commit a covered offense; and
(4) Registration by the person will not assist in protecting the safety of the public or any member thereof.
(h) 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 most recent denial.

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