Hawaii citizens are guaranteed a range of freedoms and privileges under the Constitution of Hawaii. These include political power, rights of individuals, equal rights, freedom of religion, expression, press, assembly and petition, due process and equal protection, right to privacy, searches, seizures and invasion of privacy, and rights of citizens. The Constitution of Hawaii was drafted by a Constitutional Convention under Act 334, Hawaii Session Acts of 1949. It provides an independent basis for the right to due process to a sex offender classification hearing before parole requirements can be imposed. This is in accordance with the conditions for obtaining parole under Hawaii's sex offender treatment program, which includes admitting to committing a sexual offense.
The document also guarantees freedom of expression and association. This means that the defendant's continued physical obstruction of the legal work of the Hawaii County Water Supply Department on Hawaiian properties constituted conduct clearly beyond the scope of any First Amendment right to freedom of expression. Furthermore, Article 711-1102 limits freedom of association and movement only in the immediate vicinity of disorderly conduct and does not violate this article as there is no unlimited and indiscriminate violation of freedom of movement and association. Hawaii Administrative Rule §12-46-108 was adopted to enforce the legislative mandate of section 378-2 (A) and Hawaii's constitutional prohibition against sex discrimination in the exercise of a person's civil rights in employment.
This means that an employer's policy of denying any extended leave during the employee's first year of employment violates this rule. Article 746-6 of the HRS criminalizes presence in a closed place but is invalid because it denies the freedom of movement and freedom of association guaranteed under this document. Additionally, no law in Hawaii that regulates parole requires that parole be automatically revoked upon the conviction and prison sentence of the person on probation for a crime committed while on probation. Articles 353-62 appear to confer on the Hawaii parole authority the power to revoke parole; however, the person on parole is violated when the authority summarily revoked the parole without giving them a final revocation hearing.
