reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-121 Petition for post-conviction DNA testing.

§844D-121 Petition for post-conviction DNA testing.
Notwithstanding any other law or rule of court governing post-conviction relief to the contrary, a person who was convicted of and sentenced for a crime, or acquitted of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility, may file a motion, at any time, for DNA analysis of any evidence that:
(1) Is in the custody or control of a police department, prosecuting attorney, laboratory, or court;
(2) Is related to the investigation or prosecution that resulted in the judgment of conviction or of acquittal of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility; and
(3) May contain biological evidence. [L 2005, c 112, pt of §1; am L 2006, c 144, §4]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-122 Proceedings.

§844D-122 Proceedings.
The court shall order the prosecuting attorney to answer a motion filed pursuant to section 844D-121 not later than thirty days after filing of the motion. The court may thereafter deny the motion without hearing if the motion is patently frivolous because it is without a trace of support either in the record or in any materials submitted with the motion. The court shall conduct a hearing on the motion within ninety days of its filing if the allegations in the motion, taken as true, establish grounds for relief under section 844D-123. If the court sets the motion for hearing, the court shall order that all evidence in the custody or control of a police department, prosecuting attorney, laboratory, or court that could be subjected to DNA analysis be preserved during the pendency of the proceeding. The intentional destruction of evidence after entry of the order shall constitute grounds for appropriate sanctions, including contempt of court under section 710-1077. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-124 Counsel.

§844D-124 Counsel.
(a) The court may, at any time during proceedings under this part, appoint counsel for a defendant determined to be indigent pursuant to section 802-4.
(b) If the defendant has filed pro se, upon a showing that DNA testing may be material to the defendant's claim of wrongful conviction, the court shall appoint counsel for the defendant.
(c) The court, in its discretion, may refer pro se requests for DNA testing to qualified parties for further review, including but not limited to indigent defense organizations or clinical legal education programs, without appointing the parties as counsel at that time.
(d) If the defendant has retained private pro bono counsel, including but not limited to counsel from a nonprofit organization that represents indigent persons, the court may, in its discretion, award reasonable attorney's fees and costs at the conclusion of the litigation. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-125 Discovery.

§844D-125 Discovery.
(a) At any time after a petition has been filed under this part:
(1) The court may order the State to locate and provide the defendant with any documents, notes, logs, or reports relating to items of physical evidence collected in connection with the case, or otherwise assist the defendant in locating items of biological evidence that the State contends have been lost or destroyed;
(2) The court may order the State to take reasonable measures to locate biological evidence that may be in its custody, or to assist the defendant in locating evidence that may be in the custody of a public or private hospital, public or private laboratory, or other facility; or
(3) If evidence had previously been subjected to DNA testing, the court may order production of laboratory reports prepared in connection with the DNA testing, as well as the underlying data, and the laboratory notes.
(b) If any DNA or other biological evidence testing was previously conducted by either the prosecution or defense without knowledge of the other party, such testing shall be revealed in the motion for testing or response, if any.
(c) If the court orders DNA testing in connection with a proceeding brought under this part, the court shall order the production of any laboratory reports prepared in connection with the DNA testing, and may in its discretion order production of the underlying data, bench notes, or other laboratory notes.
(d) The results of any post-conviction DNA testing conducted under this part shall be disclosed to the prosecution, the defendant, and the court. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-126 Retention of biological evidence.

§844D-126 Retention of biological evidence.
(a) All evidence in the custody or control of a police department, prosecuting attorney, laboratory, or court that is related to the investigation or prosecution of a case in which there has been a judgment of conviction and that may contain biological evidence that could be used for DNA analysis shall be retained at least until the later occurring of either:
(1) The exhaustion of all appeals of the case to which the evidence is related; or
(2) The completion of any sentence, including any term of probation or parole, imposed on the defendant in the case to which the evidence relates.
(b) The attorney general shall establish procedures and protocols, which shall be uniform throughout the State, for the collection and preservation of evidence retained pursuant to this section. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-127 Choice of laboratory.

§844D-127 Choice of laboratory.
When the court grants a motion under section 844D-123, the evidence shall be analyzed at an independent laboratory meeting standards adopted pursuant to the DNA Identification Act of 1994 (42 U.S.C. 14131). If the defendant and the prosecuting attorney cannot agree on a laboratory to perform the analysis, the court shall select the laboratory. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-128 Payment.

§844D-128 Payment.
Analysis ordered pursuant to section 844D-123(a) shall be paid for using funds from the DNA registry special fund established pursuant to section [706-603(3)]. The court may require payment for analysis ordered pursuant to section 844D-123(b) to be made by the defendant, the DNA registry special fund, or a combination thereof. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-129 Appeal.

§844D-129 Appeal.
In accordance with applicable rules of court, the defendant may appeal to the supreme court and intermediate court of appeals from an order denying a motion made pursuant to this part. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-130 Successive motions.

§844D-130 Successive motions.
(a) If the defendant has filed a prior motion for DNA testing under this part or any other provision of law, the defendant may file, and the court shall adjudicate, a successive motion or motions under this part; provided that the defendant asserts new or different grounds for relief, including but not limited to factual, scientific, or legal arguments not previously presented, or the availability of more advanced DNA technology.
(b) The court may also, in its discretion, adjudicate any successive motions if the interests of justice so require. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-131 Additional orders.

§844D-131 Additional orders.
(a) The court may in its discretion make such other orders as may be appropriate. This includes but is not limited to designating:
(1) The type of DNA analysis to be used;
(2) The testing procedures to be followed;
(3) The preservation of some portion of the sample for replicating the testing;
(4) Additional DNA testing, if the results of the initial testing are inconclusive or otherwise merit additional scientific analysis; and
(5) The collection and DNA testing of elimination samples from third parties.
(b) DNA profile information from biological samples taken from any person pursuant to a motion for post-conviction DNA testing shall be exempt from any law requiring disclosure of information to the public. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-132 Procedure after testing results are obtained.

§844D-132 Procedure after testing results are obtained.
(a) If the results of the post-conviction DNA testing are favorable to the defendant, the court shall conduct a hearing pursuant to applicable law or court rule governing post-conviction proceedings, notwithstanding any law or court rule that would otherwise bar such a hearing as untimely or procedurally defective, and thereafter make such orders as are necessary for disposition of those proceedings. If the results of the DNA analysis are not favorable to the defendant, the court shall give notice of the results to probation or parole authorities, as appropriate.
(b) Records reflecting the results of DNA analysis performed pursuant to this section, including the underlying data and laboratory notes, shall not be subject to disclosure pursuant to chapter 92F except to the extent of a conclusion that a particular person was, or was not, the source of the biological evidence analyzed.
(c) In any case as to which a motion is filed under this section, the prosecuting attorney shall give notice to the victim or surviving immediate family members of a homicide victim of the filing of the motion, any hearing that is held as a result, and its disposition. For purposes of this subsection, "victim" and "surviving immediate family members" have the same meaning as in section 801D-2.
(d) The court shall make appropriate findings of fact and conclusions of law in support of its disposition of a motion made pursuant to this section, regardless of whether a hearing was held. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-133 Consent.

§844D-133 Consent.
Nothing in this part shall be interpreted to prohibit a convicted person and the State from consenting to and conducting post-conviction DNA testing by agreement of the parties and without filing a motion for post-conviction DNA testing under this part. Notwithstanding any other provision of law governing post-conviction relief, if DNA test results are obtained under testing conducted upon consent of the parties which are favorable to the defendant, the defendant may file, and the court shall adjudicate, a motion for post-conviction relief under the provisions of this part, based on the DNA test results. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 845. Career Criminals › 845-1 Findings and purpose.

§845-1 Findings and purpose.
The legislature finds that a substantial and disproportionate amount of serious crime is committed against the people by a relatively small number of multiple and repeat felony offenders, commonly known as career criminals. In enacting this chapter, the legislature intends to support increased efforts by prosecuting attorneys' offices to prosecute career criminals through organizational and operational techniques that have been proven effective in selected counties in other states. [L 1979, c 104, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 845. Career Criminals › 845-2 Career criminal prosecution program.

§845-2 Career criminal prosecution program.
(a) There shall be established a career criminal prosecution program, whose purpose shall be the investigation and prosecution of those persons identified as habitual or career criminals.
(b) The office of the attorney general shall administer the program, and develop a plan of financial and technical assistance for prosecuting attorneys' offices. The attorney general shall direct the program and may allocate and award funds to counties in which career criminal prosecution units are established in substantial compliance with the policies and criteria established by the attorney general. The establishment of these policies and criteria shall not be subject to chapter 91, but the criteria shall be based on the general definition in section 845-3. [L 1979, c 104, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 845. Career Criminals › 845-3 Persons subject to career criminal prosecution efforts.

§845-3 Persons subject to career criminal prosecution efforts.
(a) An individual shall be the subject of career criminal prosecution efforts if the individual falls into categories 1, 2, or 3 in subsection (b) and may be the subject of career criminal prosecution efforts if the individual falls into any other category of subsection (b).
(b) Subject to the restrictions in subsection (a), career criminal prosecution applies to an individual who:
(1) Has had two or more felony convictions within the last five years.
(2) Has had one or more felony and two or more misdemeanor convictions and/or arrests within the last three years. Misdemeanors will be limited to prostitution, theft II and place to keep firearm.
(3) Is convicted and/or arrested for the offense of "felon in possession of a firearm" within the last five years.
(4) Is on parole.
(5) Is on probation.
(6) Is on bond awaiting an appeal.
(7) Is on bond awaiting trial.
(8) Is known or suspected to be an associate of organized crime.
(9) Is known or suspected of recurring or ongoing criminal activity.
(10) Has no adult record but who has an extensive juvenile record.
(11) Is a juvenile with an extensive record who has been waived to the circuit court for trial. [L 1979, c 104, pt of §1; am L 1980, c 166, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-2 Establishment of the Hawaii criminal justice data center.

§846-2 Establishment of the Hawaii criminal justice data center.
There shall be a data center, to be known as the "Hawaii criminal justice data center", established in the department of the attorney general. The data center shall be directed and managed by an administrator appointed by the attorney general subject to chapter 76. [L 1979, c 129, pt of §2; am L 1980, c 269, §2; am L 1982, c 57, §1; am L 1983, c 78, §3(4); am L 1985, c 165, §2; am L 1986, c 65, §1; am L 1987, c 146, §3; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-2.6 Computerized fingerprint identification system.

§846-2.6 Computerized fingerprint identification system.
There is established within the Hawaii criminal justice data center a computerized fingerprint identification system. The computerized fingerprint identification system shall use as its primary resource an automatic fingerprint identification system. The department of the attorney general shall coordinate the use of this system and equipment with federal, state, and county law enforcement agencies. [L 1987, c 380, §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-3 Reporting to data center.

§846-3 Reporting to data center.
The chiefs of the police of the counties of the State and agencies of state and county governments having power of arrest shall furnish the data center with descriptions of all such persons who are arrested by them for any felony or misdemeanor, or as fugitives from the criminal justice system of another jurisdiction, or for any offense declared by rule or regulation promulgated by the attorney general to be a significant offense necessary to be reported for the proper administration of criminal justice. The data center shall in all appropriate cases forward necessary identifying data and other information to the system maintained by the Federal Bureau of Investigation. [L 1979, c 129, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-4 Query of data center.

§846-4 Query of data center.
Criminal justice agencies shall query the data center to assure that the most up-to-date disposition data is being used. Such inquiries shall be made prior to any dissemination except in those cases where the agency determines that time is of the essence and the center is technically incapable of responding within the necessary time period, provided, however, that where local criminal justice agencies have entered into agreements for the sharing of a computerized criminal history record information system, the agency operating such system shall not be required to query the data center prior to disseminating information to the agencies which are party to the agreements. [L 1979, c 129, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-5 Reporting of dispositions.

§846-5 Reporting of dispositions.
It shall be the responsibility of every criminal justice agency in this State to report to the data center the disposition of cases which enter their area in the administration of criminal justice to insure that all systems maintained in this State shall contain complete and accurate criminal history record information. All dispositions shall be reported as promptly as feasible but not later than ninety days after the happening of an event which constitutes a disposition. [L 1979, c 129, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-6 Systematic audit.

§846-6 Systematic audit.
All criminal justice agencies shall institute a process of data collection, entry, storage, and systematic audit of criminal history record information that will minimize the possibility of recording and storing inaccurate information. Any criminal justice agency which finds that it has reported inaccurate information of a material nature shall forthwith notify all criminal justice agencies known to have received such information. All criminal justice agencies shall:
(1) Maintain for a minimum period of one year a listing of the individuals or agencies both in and outside of the State to which criminal history record information was released, a record of what information was released, and the date such information was released;
(2) Establish a delinquent disposition monitoring system; and
(3) Verify all record entries for accuracy and completeness. [L 1979, c 129, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-7 Security.

§846-7 Security.
Wherever criminal history record information is collected, stored, or disseminated, the criminal justice agency or agencies responsible for the operation of the system shall:
(1) Have power to determine for legitimate security purposes which personnel can be permitted to work in a defined area where such information is stored, collected, or disseminated;
(2) Select and supervise all personnel authorized to have direct access to such information;
(3) Assure that an individual or agency authorized direct access is administratively held responsible for the physical security of criminal history record information under its control or in its custody and the protection of such information from unauthorized access, disclosure, or dissemination;
(4) Institute procedures to reasonably protect any data center of criminal history record information from unauthorized access, theft, sabotage, fire, flood, wind, or other natural or man-made disasters;
(5) Provide that each employee working with or having access to criminal history record information is to be made familiar with the substance and intent of this chapter and of regulations promulgated thereunder; and
(6) Require that direct access to criminal history record information is to be available only to authorized officers or employees of a criminal justice agency and, as necessary, other authorized personnel essential to the proper operation of the criminal history record information system.
Where a noncriminal justice agency operates a system, the participating criminal justice agency shall be responsible for review, approval, and monitoring of procedures developed to assure compliance with this section. [L 1979, c 129, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-8 Exclusions.

§846-8 Exclusions.
This chapter shall not apply to criminal history record information contained in:
(1) Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons;
(2) Original records of entry such as police blotters maintained by criminal justice agencies, compiled chronologically and required by law or long-standing custom to be made public if such records are organized on a chronological basis;
(3) Court records of public judicial proceedings;
(4) Published court or administrative opinions or public judicial, administrative, or legislative proceedings;
(5) Records of traffic offenses maintained for the purpose of regulating the issuance, suspension, revocation, or renewal of driver's, pilot's, or other operators' license;
(6) Announcements of executive clemency or pardon, by the Hawaii paroling authority or the governor of the State.
Nothing in this chapter shall prevent a criminal justice agency from disclosing, to the public, criminal history record information related to the offense for which an individual is currently within the criminal justice system, including the individual's place of incarceration; and, nothing in this chapter shall prevent a criminal justice agency from confirming prior criminal history record information to members of the news media or any other person, upon specific inquiry as to whether a named individual was arrested, detained, indicted, or other formal charge was filed, on a specific date, if the arrest record information or criminal history record information disclosed is based on data excluded by the first paragraph of this section. Nothing in this chapter prohibits the dissemination of criminal history record information for purposes of international travel, such as issuing visas and granting of citizenship. [L 1979, c 129, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-9 Limitations on dissemination.

§846-9 Limitations on dissemination.
Dissemination of nonconviction data shall be limited, whether directly or through any intermediary, only to:
(1) Criminal justice agencies, for purposes of the administration of criminal justice and criminal justice agency employment;
(2) Individuals and agencies specified in section 846-10;
(3) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement; provided that such agreement shall specifically authorize access to data, limit the use of data to purposes for which given, and insure the security and confidentiality of the data consistent with the provisions of this chapter;
(4) Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency; provided that such agreement shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and insure the confidentiality and security of the data consistent with the purposes of this chapter;
(5) Individuals and agencies for any purpose authorized by statute, ordinance, executive order, or court rule, decision, or order, as construed by appropriate state or local officials or agencies; and
(6) Agencies of state or federal government which are authorized by statute or executive order to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information.
These dissemination limitations do not apply to conviction data. These dissemination limitations also do not apply to data relating to cases in which the defendant is acquitted or charges are dismissed by reason of physical or mental disease, disorder, or defect under chapter 704, or in which the defendant is involuntarily hospitalized under section 706-607.
Criminal history record information disseminated to noncriminal justice agencies shall be used only for the purposes for which it was given.
No agency or individual shall confirm the existence or nonexistence of criminal history record information to any person or agency that would not be eligible to receive the information itself. [L 1979, c 129, pt of §2; am L 1996, c 116, §2; am L 2018, c 97, §3]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-10 Dissemination.

§846-10 Dissemination.
Criminal history record information may be disseminated to:
(1) The governor in individual cases or situations wherein the governor elects to become actively involved in the investigation of criminal activity or the administration of criminal justice in accordance with the governor's constitutional duty to insure that the laws be faithfully executed;
(2) The attorney general in connection with the attorney general's statutory authority and duties in the administration and enforcement of the criminal laws and for the purpose of administering and insuring compliance with the provisions of this chapter;
(3) To such other individuals and agencies who are provided for in this chapter or by rule or regulation. [L 1979, c 129, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-10.5 Fees.

§846-10.5 Fees.
(a) Except for services provided to criminal justice agencies and state agencies for employment purposes, the Hawaii criminal justice data center and state and county criminal justice agencies shall assess fees for services provided or to be provided, which shall be deposited into the criminal history record improvement revolving fund.
(b) Criminal history record checks mandated for child care facilities shall be exempt from the requirement to pay fees.
(c) Nonprofit charitable organizations that are tax-exempt under Internal Revenue Code section 501(c)(3) shall be exempt from fees for criminal history record checks conducted on adult volunteers having direct contact with minors, the elderly, or the disabled.
(d) Any other law to the contrary notwithstanding, the data center may adopt rules pursuant to chapter 91 to establish reasonable fees for services provided by the data center and to establish other exemptions from the requirement to pay fees. [L 1987, c 146, §1; am L Sp 1995, c 7, §3; am L 1997, c 165, §2; am L 1998, c 311, §10; am L 2006, c 132, §2; am L 2022, c 19, §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-10.6 Criminal history record improvement revolving fund; established.

§846-10.6 Criminal history record improvement revolving fund; established.
There is established a criminal history record improvement revolving fund. All proceeds accumulated by the Hawaii criminal justice data center or any state or county criminal justice agency through the assessment of fees for services as provided in section 846-10.5 related to criminal history record information from the state system shall be deposited into this revolving fund. Moneys in the revolving fund shall be expended by the Hawaii criminal justice data center and used to improve the criminal history record information system established under this chapter. [L Sp 1995, c 7, §2]
Note
Transfer of certain interest earnings to general fund until June 30, 2015. L 2009, c 79, §30(a)(42).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-11 Coordination with department of corrections and rehabilitation.

§846-11 Coordination with department of corrections and rehabilitation.
The data center shall coordinate its activities with the records system of the intake service centers of the department of corrections and rehabilitation. Criminal history record information shall be provided from this office to the data center and the functions of each shall be coordinated so that there will be no overlap, or duplication of efforts. [L 1979, c 129, pt of §2; am L 1990, c 281, §8; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-12 Juvenile records.

§846-12 Juvenile records.
Dissemination and disposition of records concerning proceedings relating to the adjudication of a juvenile as a delinquent or in need of supervision (or the equivalent) in family court to noncriminal justice agencies is prohibited, unless a statute, court order, rule, or decision, or federal executive order specifically authorizes such dissemination, except that juvenile records may be disseminated to individuals and agencies set forth in paragraphs (3) and (4) of section 846-9. Juvenile records disseminated to noncriminal justice agencies shall be used only for the purposes for which they were given and may not be disseminated further. [L 1979, c 129, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-13 Annual audits.

§846-13 Annual audits.
The attorney general shall conduct annual audits of a representative sample of criminal justice agencies which may be chosen on a random basis, to verify the accuracy and completeness of criminal history record information maintained by such agencies, and to determine adherence with this chapter and regulations promulgated thereunder. Criminal justice agencies shall retain appropriate records to facilitate the annual audits. Audit of the data center shall be performed by another state agency. [L 1979, c 129, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-14 Access and review.

§846-14 Access and review.
Any individual who asserts that the individual has reason to believe that criminal history record information relating to the individual is maintained by any information system in this State shall be entitled to review such information for the purpose of determining its accuracy and completeness by making application to the agency operating such system. The applicant shall provide satisfactory identification which shall be positively verified by fingerprints. Rules and regulations promulgated under this section shall include provisions for administrative review and necessary correction of any claim by the individual to whom the information relates that the information is inaccurate or incomplete; provisions for administrative appeal where a criminal justice agency refuses to correct challenged information to the satisfaction of the individual to whom the information relates; provisions for supplying to an individual whose record has been corrected, upon the individual's request, the names of all noncriminal justice agencies to which the data have been given; and provisions requiring the correcting agency to notify all criminal justice recipients of corrected information. The review authorized by this section shall be limited to a review of criminal history record information. [L 1979, c 129, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-15 Rules and regulations.

§846-15 Rules and regulations.
The attorney general shall adopt rules and regulations, as may be necessary, which will insure compliance with the provisions of this chapter by the most efficient and effective means possible. [L 1979, c 129, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-16 Violations.

§846-16 Violations.
Any person who knowingly permits unauthorized access to criminal history record information, or who knowingly disseminates criminal history record information in violation of the provisions of this chapter, or any person violating any agreement authorized by paragraphs (3) and (4) of section 846-9, or any person who gains unauthorized access to criminal history record information shall be guilty of a misdemeanor. [L 1979, c 129, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-17 Administration of National Crime Prevention and Privacy Compact.

§846-17 Administration of National Crime Prevention and Privacy Compact.
(a) The Hawaii criminal justice data center is the central repository of criminal history records for purposes of the National Crime Prevention and Privacy Compact and shall do all things necessary or incidental to carrying out the compact.
(b) The administrator of the Hawaii criminal justice data center, or the administrator's designee, is the State's compact officer and shall administer the compact within the State. The administrator may adopt rules and establish procedures for the cooperative exchange of criminal history records between this State and other state governments and with the federal government for the use in noncriminal justice background checks. [L 2006, c 83, §3]
Cross References
National Crime Prevention and Privacy Compact, see chapter 846C.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-18 Statistical crime reporting responsibility of county chiefs of police and state and county agencies.

§846-18 Statistical crime reporting responsibility of county chiefs of police and state and county agencies.
The chiefs of police of the
counties and state and county agencies having the power of arrest shall provide to the attorney general crime incident reports and any other information regarding crimes committed within their respective jurisdictions as necessary for the attorney general to operate a statewide crime reporting program and to cooperate with the Federal Bureau of Investigation's uniform crime reporting program. The reports and information shall be submitted to the attorney general in the manner, form, and time schedule as the attorney general may prescribe.
The attorney general may audit the reporting entities to determine the accuracy of the reports and other information required by this section. [L 2016, c 155, §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-21 to 846-38 REPEALED.

§ §846-21 to 846-38 REPEALED.
L 1988, c 183, §9; L 2012, c 310, §9.
Cross References
For present provisions, see chapter 286, pt XVI.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-51 Definitions.

§846-51 Definitions.
As used in this part, the following terms have the following meanings:
"Gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression; regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth.
"Hate crime" means any criminal act in which the perpetrator intentionally selected a victim, or in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person.
"Hate crime data" means information, incident reports, records, and statistics relating to hate crimes, collected by the attorney general.
"Incident report" means an account of occurrence of a hate crime received or collected by the attorney general.
"Sexual orientation" means:
(1) Having a preference for heterosexuality, homosexuality, or bisexuality;
(2) Having a history of any one or more of these preferences; or
(3) Being identified with any one or more of these preferences. [L 2001, c 240, pt of §2; am L 2003, c 33, § §1, 3]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-52 Responsibility for system.

§846-52 Responsibility for system.
(a) The department of
the attorney general shall be responsible for the collection, storage, dissemination, and analysis of all
hate crime data from all agencies that have primary investigative, action, or program responsibility for adult or juvenile offenses, including the county police departments, the county prosecutors, the family courts, and the departments or agencies responsible for administering any correctional facilities.
(b) The attorney general shall develop the system and the procedures for reporting, inputting, accessing, and protecting the information concerning the commission of hate crimes and obtaining the agreement of agencies permitted to directly input and access information.
(c) Hate crime data collected by the attorney general may be shared with other agencies in accordance with section 92F-19. Public dissemination of this information shall be subject to section 92F-13. [L 2001, c 240, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-53 Responsibility of agencies.

§846-53
Responsibility of agencies.
Agencies that have investigative, detention, custodial, adjudicative, or program responsibility for adult or juvenile offenses shall cooperate with the attorney general in establishing the hate crime reporting system by:
(1) Providing information in the agency files that can be included pursuant to the format approved by the attorney general;
(2) Maintaining procedures internally consistent with uniform procedures and guidelines provided by the attorney general;
(3) Reporting information to the attorney general that is timely, complete, and accurate after the occurrence of an event over which the agency had direct responsibility; and
(4) Maintaining procedures for the periodic checking of information to minimize the possibility of storing and maintaining inaccurate information. [L 2001, c 240, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846. Hawaii Criminal Justice Data Center; Civil Identification › 846-54 Annual reports.

§846-54 Annual reports.
The attorney general shall summarize and analyze reports of hate crimes data that are received, and shall compile and transmit an annual report of hate crime data to the governor, the judiciary, the department of corrections and rehabilitation, and the legislature. [L 2001, c 240, pt of §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846D. Juvenile Justice Information System › 846D-1 Responsibility for system.

§846D-1 Responsibility for system.
(a) The department of the attorney general shall be responsible for the collection, storage, dissemination, and analysis of all juvenile justice custodial, adjudicative, and program data from all agencies that have primary investigative, action, or program responsibility for minors, including the county police departments, the county prosecutors, the family courts, and the Hawaii youth correctional facilities, in such a manner as to balance the right of the public and press to be informed and the right of privacy and confidentiality of minors and their families, and to provide accurate, comprehensive, and timely information to government agencies concerned with juvenile offenders to carry out their responsibilities.
(b) The information collected and stored in the juvenile justice information system shall not include any fingerprints, psychiatric reports, or social and clinical studies or examinations, but may contain information indicating the availability of reports and the procedures for requesting such information.
(c) The attorney general shall develop the system and the procedures for reporting, inputting, accessing, and protecting the information and obtaining the agreement of agencies permitted to directly input and access information.
(d) Upon receipt of an expungement order issued by the family court under section 571-88, the attorney general shall expunge the arrest record of the minor. [L 1991, c 311, pt of §2; am L 2001, c 233, §4]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846D. Juvenile Justice Information System › 846D-2 Juvenile justice information committee.

§846D-2 Juvenile justice information committee.
There is established within the department of the attorney general a juvenile justice information committee, which shall include, but not be limited to, representatives from the family courts, the police departments of the various counties, the prosecutors of the various counties, the Hawaii youth correctional facilities, and the department of the attorney general. The committee shall meet as needed to promote interagency cooperation and coordination in the development and management of an accurate, complete, timely, and fully integrated statewide juvenile justice information reporting and retrieval system.
The members of the committee shall be appointed by the attorney general and shall have the decision-making authority of the represented agencies. [L 1991, c 311, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846D. Juvenile Justice Information System › 846D-3 Responsibility of agencies.

§846D-3 Responsibility of agencies.
Agencies that have investigative, detention, custodial, adjudicative, and program responsibility for juveniles shall cooperate with the attorney general in establishing the juvenile justice information system by:
(1) Providing information in the agency files that can be included pursuant to the format approved by the juvenile justice information committee;
(2) Maintaining procedures internally consistent with uniform procedures and guidelines provided by the juvenile justice information committee;
(3) Reporting information to the attorney general that is timely, complete, and accurate, after the occurrence of an event over which the agency had direct responsibility; and
(4) Maintaining procedures for the periodic checking of information to minimize the possibility of storing and maintaining inaccurate information. [L 1991, c 311, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846D. Juvenile Justice Information System › 846D-4 Limitations on dissemination.

§846D-4 Limitations on dissemination.
Dissemination of information from the juvenile justice information system shall be limited whether directly or through any intermediary only to:
(1) Agencies which have primary investigative, detention, custodial, adjudicative, and program responsibility for minors, including but not limited to the county police departments, the county prosecutors, the family courts, and the Hawaii youth correctional facilities;
(2) Individuals and agencies pursuant to a specific agreement with an agency with primary investigative, detention, custodial, and program responsibility to provide services to fulfill that responsibility; provided that the agreement shall specifically authorize access to data, limit the use of data to purposes for which given, and insure the security and confidentiality of the data consistent with the purpose of this chapter;
(3) Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a juvenile justice agency; provided that the agreement shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and insure the confidentiality and security of the data consistent with the purpose of this chapter;
(4) The minor, the minor's parents or guardians, and the minor's attorney and guardian ad litem for the purpose of examining records pertaining to the minor; or
(5) Persons who have been injured or damaged, their subrogees, and legal representatives; provided that the information is limited only to that information that may be disclosed as provided under section 571-84(f) and (g). [L 1991, c 311, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846D. Juvenile Justice Information System › 846D-5 Responsibility of agencies.

§846D-5 Responsibility of agencies.
Any agency that has access to information available through the juvenile justice information system shall:
(1) Select and supervise all persons authorized to have direct access to the information or any terminals or stations by which the information is transmitted;
(2) Place responsibility on the persons permitted direct access for the physical security of juvenile justice data which the agency has received or can receive to protect against unauthorized access, disclosure, or dissemination;
(3) Provide security training for all persons given direct access to information in the juvenile justice information system which shall include the substance and intent of this chapter and of rules adopted thereunder; and
(4) Maintain procedures to protect data terminals or stations from unauthorized access, theft, sabotage, fire, or other natural or human caused disasters. [L 1991, c 311, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846D. Juvenile Justice Information System › 846D-6 Additional dissemination.

§846D-6 Additional dissemination.
Information from the juvenile justice information system may be disseminated to:
(1) The governor in accordance with the governor's constitutional duty to ensure that the laws will be faithfully executed;
(2) The courts in accordance with their adjudicative responsibility;
(3) The attorney general in accordance with the attorney general's statutory authority and duties in the administration and enforcement of this chapter; and
(4) Other individuals and agencies who are provided for in this chapter or by rule adopted thereunder. [L 1991, c 311, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 846D. Juvenile Justice Information System › 846D-7 Penalty.

§846D-7 Penalty.
Any person who knowingly permits the dissemination of information in violation of this chapter, or any person who gains unauthorized access to information in the juvenile justice information system, shall be guilty of a misdemeanor. [L 1991, c 311, pt of §2]