Title 38, Procedural And Supplementary Provisions

PART I. DATA CENTER §846-1 Definitions. In this chapter, unless a different meaning plainly is required: "Accurate" refers to the fact that criminal history record information contains no erroneous information of a material nature. "Administration of criminal justice" means perfo…

§846-10 Dissemination. Criminal history record information may be disseminated to:

§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 …

[§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 a…

§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…

§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, cour…

§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 t…

§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 o…

§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]

§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 p…

[§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 inci…

[§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 …

§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 appoin…

§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 …

[§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 finge…

§846-2.7 Criminal history record checks. (a) The agencies and other entities named in subsections (b) and (c) may conduct state and national criminal history record checks on the personnel identified in subsections (b) and (c), and participate in the rap back program, for the pur…

§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, o…

§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 esse…

§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 Sta…

[PART IV.] HATE CRIME REPORTING §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-rel…

[§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 j…

[§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:

§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 leg…

§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 justic…

§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: Where a noncriminal justice agency operates a system, the participating criminal justice…

§846-8 Exclusions. This chapter shall not apply to criminal history record information contained in: 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 …

§846-9 Limitations on dissemination. Dissemination of nonconviction data shall be limited, whether directly or through any intermediary, only to: These dissemination limitations do not apply to conviction data. These dissemination limitations also do not apply to data relating to…