Report Title:

Sex Offender Registration; Adam Walsh Act

 

Description:

Establishes a working group to determine what changes to Hawaii law are necessary to comply with the federal Adam Walsh Act.  Requires working group also to determine whether cost of compliance outweighs loss of 10 percent of Department of Justice grant funds that will result from noncompliance by July 29, 2009.  (HB2998 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2998

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO SEX OFFENDER REGISTRATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The federal Sex Offender Registration and Notification Act is Title I of the Adam Walsh Child Protection and Public Safety Act of 2006, Public Law No. 248-109, ("the Adam Walsh Act").  The Adam Walsh Act requires the 50 states, the District of Columbia, the five principal United States territories, and federally recognized Indian tribes that function as sex offender registration jurisdictions to conform their laws to guidelines for sex offender registration adopted by the Department of Justice by July 29, 2009.  Failing substantial compliance with the guidelines, a jurisdiction faces the loss of ten per cent of any federal funds it may receive pursuant to the Edward Byrne Memorial Justice Assistance Grant program.

     SECTION 2.  (a)  There is established the Adam Walsh Act compliance working group.  The working group shall be composed of the following:

     (1)  The attorney general;

     (2)  The director of public safety;

     (3)  The director of the office of youth services;

     (4)  The state public defender;

     (5)  The administrative director of the courts;

     (6)  The chief of police of the city and county of Honolulu;

     (7)  A member of the Hawaii Prosecuting Attorneys Association; and

     (8)  A representative of a victim advocacy program who is not employed with an agency or entity otherwise represented on the working group and who shall be selected by the attorney general.

     (b)  The working group shall:

     (1)  Determine what Hawaii laws, including chapter 846E, Hawaii Revised Statutes, need to be amended and what new laws need to be enacted to comply with the Adam Walsh Act and the guidelines implementing it;

     (2)  Identify the resources necessary for the State to implement any new or amended laws necessary for compliance with the Adam Walsh Act and the guidelines implementing it;

     (3)  Identify all sources of funding, including federal grants and legislative appropriations, available to implement programs necessary for compliance with the Adam Walsh Act and the guidelines implementing it;

     (4)  Consider whether the additional costs entailed by compliance with the Adam Walsh Act and the guidelines implementing it outweigh the Edward Byrne Memorial Justice Assistance Grant funds that would be retained by compliance and any other benefits attributable to compliance; and

     (5)  Draft proposed legislation necessary to bring the State into compliance with the Adam Walsh Act and the guidelines implementing it.

     (c)  The department of the attorney general shall provide the administrative, technical, and clerical support services necessary to assist the working group in achieving its purpose as required under this Act.

     (d)  The working group shall submit a report of its findings and recommendations, including any proposed legislation necessary for compliance with the Adam Walsh Act and the guidelines implementing it to the legislature, no later than twenty days prior to the convening of the regular session of 2009.

     (e)  The Adam Walsh Act compliance working group shall cease to exist after June 30, 2009.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $       or so much thereof as may be necessary for fiscal year 2008-2009 for the purpose of supporting the work of the Adam Walsh Act compliance working group.

     The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

     SECTION 4.  This Act shall take effect upon its approval, except that section 3 shall take effect on July 1, 2008.