No offender spared from list

Hawaii is among a minority of states that require sex offenders to keep authorities informed about their whereabouts for life, regardless of the severity of their crimes.

And Hawaii’s public registry of nearly 3,000 offenders does little to distinguish between them.

A serial rapist, for instance, would be listed on the online system in much the same way as an 18-year-old who engages in consensual sex with an underage teenager.

The differences become apparent only after clicking through several pages of the Web registry to see the offender’s underlying convictions, and even then the listing — unlike in some other states — does not provide a sense of how dangerous the offender is or his likelihood of re-offending.

"We’ve made the scale of who has to register way too wide," said Carole Petersen, a University of Hawaii professor and director of the Spark M. Matsu­naga Institute for Peace and Conflict Resolution.

According to a 2010 survey by the National Institute of Corrections and Washington College of Law, more than three-fourths of the states, or 38, limit the mandated registration period for offenders convicted of lesser offenses.

Depending on the severity of the offenses, the registration time can range from as little as five years to more than 25.

Hawaii is among the remaining 12 states that require all offenders to register for life, according to the survey data. While someone convicted of a single misdemeanor would not be listed on the public registry, that person still would be required to register with police for life.

Hawaii offenders convicted of what are called Tier 1 crimes — the least serious — can seek court approval after 10 years to terminate the registration requirement, provided they meet certain criteria, including having an otherwise clean record. Those convicted of Tier 2 crimes can petition after 25 years, and those convicted of Tier 3 offenses — the most serious — or repeat offenders can petition after 40 years.

But such petitions are rarely sought or granted.

Since 2005 only four termination petitions routed through the attorney general’s office were approved by the court; one other was denied and three others were withdrawn, according to AG data.

Petitions also can be routed through prosecutor offices. But Dave Koga, a spokes­man for the city prosecutor’s office, said his agency has no record of receiving any termination petitions within the past two years.

Joseph Giovannoni, a therapist and advanced practice registered nurse who has treated more than 3,000 sex offenders over the past 30 years, says Hawaii’s one-size-fits-all approach is counterproductive. But he tells his clients that they must abide by the registration conditions anyway.

"If the registry is just 1 percent effective, it still is essential for my clients to understand the importance of the registry and to show concern for others in society, " he said.

Rather than requiring lifetime registrations, Giovannoni suggests that the registry be revised so if an offender completes treatment, stays drug-free, commits no other crimes and abides by all registration conditions, he would be evaluated after a certain number of years — perhaps five — to determine whether he still belongs on the registry.

Other sex therapists say those convicted of lesser offenses should be required to register for only a set number of years, rather than having to get court approval to terminate the lifetime requirement.

Joshua Wisch, a spokes­man for the AG’s office, defended Hawaii’s system.

"The short version is that while Hawaii does not provide for offenders to be ‘automatically’ removed from the registry, we do provide a mechanism for offenders to petition for removal," Wisch wrote in a statement. He also noted that such a process complies with federal law.