EDITORIAL
Legislature not body to judge sex offenders

Some matters are undoubtedly worthy of a constitutional amendment. But we don't believe that reinstating a sex offender registry warrants the latest push to meddle with that basic document.

A bill racing through the Legislature would give lawmakers the authority to determine who does or doesn't belong on the registry.

The latest version of Senate Bill 2843 asks voters to approve a constitutional amendment allowing the Legislature to determine which convicted sex offenders who already have served their time would be posted on the Internet.

At one level, this makes some sense. The Legislature would simply divide up the various categories of sex offender and state which should automatically go on the public registry and which (presumably more minor offenders) would get a hearing.

But shifting this responsibility to the Legislature sets a dangerous precedent. Each case has its unique circumstances which should be dealt with by a judge, or hearings officer, in real time with all the facts on the table.

In its ruling striking down the registry as unconstitutional in 2001, the Hawai'i Supreme Court called for a hearing process that gives convicted sex offenders "a meaningful opportunity to argue that he or she does not represent a threat to the community . . ."

But state Attorney General Mark Bennett and other law officials don't think everyone convicted of a sex offense should be entitled to that day in court. As it is, convicted sex offenders already have a "diminished expectation of privacy" under the law.

Sex offenders must register with the attorney general and provide a recent photograph, fingerprints, a saliva sample, two blood samples in addition to address, employment and vehicle particulars. That information is publicly available.

In other words, with or without a sex offender Web site, there's a way to obtain that information.

Of course, we can understand Bennett's bewilderment as to why someone convicted of serial rapes or pedophilia would deserve yet another day in court.

But while a sex offender registry can help us identify potentially dangerous neighbors, it can also be used to harass and discriminate against a person who has served his time.

Our recommendation is to leave the Constitution alone and get cracking on the hearing process.