Hawaii’s sex offender registry does not fully comply with federal law. And unless the state brings the tracking system for nearly 3,000 offenders into compliance, it could lose more than $50,000 annually in federal justice funding.

But some who have analyzed the changes Hawaii must make to become compliant say the state should forgo the money, mainly because they disagree with the federal law’s requirement that certain juvenile sex offenders be compelled to register.

The 2006 Sex Offender Registration and Notification Act mandates, among other things, that juveniles 14 and older who commit serious sex crimes must register as an offender, without regard to individual circumstances or whether the juvenile is deemed a significant risk to the community. The crimes must be comparable to aggravated sexual assault or worse.

Hawaii currently does not require juvenile sex offenders — except those tried as adults — to register.

Proponents of the current system say juveniles are not fully mature in their judgment, emotional development and decision-making capabilities and can sometimes act impulsively, without considering the consequences of their actions. They also note the successes of Hawaii’s juvenile sex offender treatment programs and the low rates of recidivism, or re-offending.

Because of such factors, juveniles should be given true second chances, proponents argue.

"Laws affecting juvenile sex offenders should be consistent with research on adolescent brain development and empirical studies of recidivism," wrote University of Hawaii law professor Carole Petersen and UH public administration professor Susan Chandler in a 2011 research paper. The Sex Offender Registration and Notification Act "is based on neither of these; it has simply swept certain categories of juvenile offenders into the adult world of criminal behavior."

A local committee that looked at what changes were required for Hawaii to fully comply with the federal law recommended to the Legislature in 2009 that no changes be made despite the potential loss of funding. At the time, it estimated that the compliance costs would exceed the loss in federal justice funding.

The group, which included representatives from law enforcement, victim advocates, youth services and others, concluded that Hawaii’s existing law met current needs regarding sex offender registrations.

For juvenile offenders considered the most serious and violent, prosecutors can seek a judge’s approval to try them as adults in criminal court. If convicted, those offenders become eligible for inclusion on the registry.

Otherwise, juveniles are adjudicated in family court; their punishment typically includes treatment programs based on their needs and assessed risk.

"The community is protected from the small number of juvenile offenders who are determined to be dangerous and these youth receive effective treatment," Petersen and Chandler wrote. "In our view, Hawaii’s approach is far superior to the mandatory registration and notification requirements" of the federal law.

Hawaii is one of 34 states identified by the U.S. government as still falling short of all the requirements of the 2006 law. States were given until July 2011 to comply, and those that did not risked losing 10 percent of their federal justice funding.

Hawaii this year was able to retain that 10 percent — about $57,000 — by getting federal approval to use the funds on compliance work.

Joshua Wisch, a spokesman for the Attorney General, which oversees the registry, said the state continues to demonstrate efforts toward compliance.