95-11Posted on May 8, 1995 in Formal Opinions
Opinion Letter No. 95-11
May 8, 1995
Sex Offender Data
The Sex Offender Custody Level Review form being developed by the Department of Public Safety (“PSD”) will assist PSD’s Classification Office with the transfer of inmates between facilities. The form contains information about inmates who: (1) were charged but not convicted of a sex offense as an adult, (2) have a prior juvenile record of a sex offense, or (3) have exhibited deviant behavior while incarcerated.
This information is protected from public disclosure under chapter 846, Hawaii Revised Statutes. Even if the name and incarcerating facility were removed, identification of the inmate and association with protected data could still be possible. Therefore, the form is not reasonably segregable, and must be withheld from public disclosure in its entirety, under section 92F-13(1) and (4), Hawaii Revised Statutes.
Furthermore, although inmates are generally entitled to their own records, the form may be withheld from inmates because it contains information pertaining to crime control and/or law enforcement under section 92F-22(1)(B), Hawaii Revised Statutes.