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.