State v. Bani, No. 22196.
Citation | 36 P.3d 1255,97 Haw. 285 |
Decision Date | 21 November 2001 |
Docket Number | No. 22196. |
Parties | STATE of Hawai`i, Plaintiff-Appellee, v. Eto BANI, Defendant Appellant. |
Court | Supreme Court of Hawai'i |
Robert T. Nakatsuji, Deputy Public Defender, for defendant-appellant.
Alexa D.M. Fujise, Deputy Prosecuting Attorney (Mangmang Qiu Brown with her on the brief) for plaintiff-appellee.
This appeal involves a challenge to the constitutionality of Hawaii's sex offender registration and notification statute, codified at Hawai`i Revised Statutes (HRS) chapter 846E (Supp.2000). The arguments advanced implicate the inherent tensions between safety and freedom that exist in any democracy. The question ultimately raised is how the people of Hawai`i may protect themselves against future offenses by those prone to recidivism without jeopardizing the constitutional rights of persons who have already paid the price imposed by law for their crimes. Resolving the issues and arguments raised in this appeal requires us to discern and delineate the sensitive and difficult balance between these tensions embodied in the United States and Hawai`i Constitutions.
Defendant-appellant Eto Bani ("Bani") pled no contest to the charge of sexual assault in the fourth degree, in violation of HRS § 707-733(1)(a) (Supp.1993).1 Following Bani's plea, the district court ordered Bani, as part of his sentence, inter alia, to register as a sex offender pursuant to the sex offender registration and notification law, HRS chapter 846E, commonly known as "Megan's Law." On appeal, Bani contends, under the United States and Hawai`i Constitutions, that the statute violates: (1) the constitutional right to procedural due process; (2) the constitutional right to privacy; (3) the prohibition against cruel and unusual punishment; and (4) the right to equal protection of the law.
For the reasons discussed below, we hold that the public notification provisions of HRS chapter 846E deprive Bani of a protected liberty interest without due process of law. Our conclusion derives from the fact that HRS § 846E-3 authorizes public notification of Bani's status as a convicted sex offender without notice, an opportunity to be heard, or any preliminary determination of whether and to what extent Bani actually represents a danger to society. In our view, the absence of any procedural safeguards in the public notification provision of HRS chapter 846E renders the statute unconstitutional, void, and unenforceable. Our decision today is based solely upon article I, section 5 of the Hawai`i Constitution, and we pass no judgment upon Bani's remaining constitutional claims in this appeal.
Bani pled no contest to the charge of sexual assault in the fourth degree in exchange for a sentence of one year of probation, subject to special conditions of two days of incarceration with credit for time served, an alcohol assessment and any recommended treatment, a $300.00 fine, and a $50.00 contribution to the criminal injuries fund. Defense counsel, however, notified the circuit court that it would be challenging the constitutionality of the sex offender registration and notification statute—HRS chapter 846E.
At the time of Bani's no contest plea, the parties placed some of the underlying facts of the case into the record. Bani stated that he could not recall the events that occurred. Defense counsel added:
[Defense Counsel]: Your Honor, the only thing I would add is the police report does indicate that all the witnesses to the events stated that Mr. Bani was intoxicated at the time and he did tell me that he did have a lot of alcohol before the offense and that possibly did effect his memory of the offense. But nonetheless he wanted to proceed today by entering a no contest plea to conclude these matters today.
The prosecution then stated:
Thereafter, defense counsel requested an order from the trial court prohibiting the compilation and release of registration information pending appeal of the sentence in this case. Specifically, defense counsel argued:
The prosecution responded by stating, "Your Honor, the State would just ask that you follow the law in that he is required to register in this matter, especially since the victim was a minor."
The district court sentenced Bani to one year of probation, subject, inter alia, to the terms and conditions provided for in the plea agreement. The district court then explained the reporting requirements of HRS chapter 846E to Bani. Finally, the district court denied the request to prohibit release of the registration information and ruled that the statute applies to Bani. With respect to Bani's constitutional challenge to HRS chapter 846, the district court ruled:
After sentencing, Bani filed a timely notice of appeal.
We review questions of constitutional law "by exercising our own independent constitutional judgment based on the facts of the case." State v. Rogan, 91 Hawai`i 405, 411-12, 984 P.2d 1231, 1237-38 (1999) ( ). Accordingly, we review questions of constitutional law under...
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