The Hawai'i Supreme Court has approved a new state law, passed by the Legislature in special session last year, that changes procedures for imposition of "enhanced" sentences of criminals identified as dangers to the community.

In finding the law constitutional, however, the high court said prosecutors must notify such defendants at the outset of such a case that enhanced sentencing will be pursued if they are convicted.

In a 72-page, 3-2 decision written by Justice Steven Levinson, the court also approved provisions of the law that allows it to be applied retroactively to convicts who have received enhanced sentences.

Hawai'i Attorney General Mark Bennett, who argued the constitutionality of the law before the high court, said "there are good and bad things" in the decision.

Prosecutors can seek resentencing of convicted criminals under the law, which was enacted Oct. 31, Bennett noted. The high court also turned aside arguments that the law violates "ex post facto" protections in the U.S. and state constitutions that prevent retroactive application of laws to past conduct, Bennett noted.

"We're disappointed that the court has said that in future cases, the prosecution will be required to allege in the charging documents aggravating factors such as a defendant's prior criminal record or danger to the community," Bennett said.

"Other state supreme courts have rejected this position," he said.

"In some cases, it's going to be procedurally difficult to assemble that information, but we'll simply have to address that situation when it arises."

Defense lawyer David Bettencourt, who argued the appeal on behalf of defendant Brian Jess, said defendants convicted under the new law will be forced at the time of sentencing to retain experts to testify on the degree of danger they pose to the community as well as the likelihood of their re-offending after serving standard or extended prison sentences.

"It's going to cost tens of thousands of dollars and clog the dockets of the courts," Bettencourt predicted.

Defense lawyer Earle Partington said of the decision: "I'm not convinced it will hold up to federal review, but I know it is going to start another long round of litigation."

Jess was convicted of first-degree robbery and car theft in 2001 after he threatened a cab driver with a knife and took his money and vehicle.

Deputy Prosecutor Christopher Van Marter asked Circuit Judge Victoria Marks to sentence Jess to an extended term of imprisonment, calling him a "persistent and multiple offender" who posed "a serious threat to the community."

Marks sentenced Jess to an extended term of life in prison with the possibility of parole for the robbery count and 10 years for the car theft.

The Supreme Court heard arguments in the case late last year.