Bill Text: HI HCR5 | 2011 | Regular Session | Amended

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Bill Title: Study; State Sex Offender Laws; Objectives and Implementation

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Engrossed - Dead) 2011-04-18 - (S) Referred to JDL. [HCR5 Detail]

Download: Hawaii-2011-HCR5-Amended.html

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HOUSE OF REPRESENTATIVES	H.C.R. NO.	5
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 2
STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A STUDY TO IDENTIFY MEASURES USED TO DETERMINE WHETHER SEX OFFENDER REGISTRATION LAWS ARE ACHIEVING THEIR GOALS AND OBJECTIVES AND REQUESTING THE ATTORNEY GENERAL TO APPLY THE IDENTIFIED MEASURES TO CRIMINAL JUSTICE DATA ON REGISTERED SEX OFFENDERS IN HAWAII AND DETERMINE WHETHER HAWAII SEX OFFENDER REGISTRATION LAWS ARE BEING IMPLEMENTED IN THE WAY THEY WERE INTENDED AND ARE MEETING THEIR GOALS AND OBJECTIVES.

 

 

 

     WHEREAS, in 1996, the federal government enacted what has become known as "Megan's Law," requiring states to collect and release relevant information necessary to protect the public from sex offenders; and

 

     WHEREAS, in 1997, the Legislature passed Hawaii's own Megan's Law, codified as chapter 846E, Hawaii Revised Statutes, and currently entitled "Registration of Sex Offenders and Other Covered Offenders and Public Access to Registration Information"; and

 

     WHEREAS, among other things, chapter 846E, Hawaii Revised Statutes, requires that individuals convicted of certain offenses against children and certain sexual offenses register with a sex-offender registry by providing information relating to their identity, residence, employment, education, medical treatment, and vehicle; and

 

     WHEREAS, chapter 846E, Hawaii Revised Statutes, also allows for public notification through the public release of certain registration information; and

     WHEREAS, over the years since their enactment, Hawaii's sex offender registration laws have been amended to address constitutional issues raised by the Hawaii Supreme Court as well as to comply with federal law; and

 

     WHEREAS, while previous studies have been undertaken to consider possible revisions to Hawaii's sex offender registration laws, no study has been conducted to identify measures to determine whether the goals and objectives of the state sex offender registration laws are being met, or whether state sex offender registration laws are being implemented in the way they were intended; and

 

     WHEREAS, pursuant to chapter 846E, Hawaii Revised Statutes, the enactment of which was principally advocated by the Attorney General, the statewide sex offender registry is administrated and maintained by the Hawaii Criminal Justice Data Center of the Department of the Attorney General; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, the Senate concurring, that the Legislative Reference Bureau is requested to conduct a study to identify measures that can be used to determine whether objectives and implementation of Hawaii's sex offender registration laws are being achieved; and

 

     BE IT FURTHER RESOLVED that in the study the Legislative Reference Bureau is requested to research:

 

(1)  Studies that may have identified ways to measure whether sex offender registration laws have met their goals and objectives;

 

     (2)  Studies that may have established a correlation between the adoption of sex offender registration laws and a reduction in sexual offenses; and

 

     (3)  Measures that may have been used by other jurisdictions to determine whether sex offender registration laws have met their goals and objectives;

 

and

 

     BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit its findings to the Legislature by October 1, 2011; and

 

     BE IT FURTHER RESOLVED that the Department of the Attorney General is requested to:

 

     (1)  Determine whether Hawaii's sex offender registration laws are being implemented by police, prosecutors, the courts, and the Hawaii Criminal Justice Data Center in the way in which they were intended; and

 

     (2)  Apply the measures identified by the Legislative Reference Bureau to criminal justice data on registered sex offenders and determine whether Hawaii's sex offender registration laws are meeting their goals and objectives;

 

and

 

BE IT FURTHER RESOLVED that the Department of the Attorney General is requested to submit its findings and recommendations, including any recommended legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2012; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Acting Director of the Legislative Reference Bureau and the Attorney General.

Report Title: 

Study; State Sex Offender Laws; Objectives and Implementation