[§78-2.7]  Criminal history record checks. 
(a)  The State or any of its branches, political subdivisions, or agencies
shall develop standards and procedures to ensure the reputable and responsible
character of applicants and employees, which shall include criminal history
record checks in accordance with section 846-2.7.



(b)  The State or any of its branches,
political subdivisions, or agencies shall obtain criminal history information
through the Hawaii criminal justice data center on an applicant for a position
that has the same type of contact with children, dependent adults, or persons
committed to a correctional facility as other public employees who hold
positions that are authorized by law to require criminal history record checks
as a condition of employment; provided that:



(1)  The information obtained shall be used
exclusively for the purpose of determining whether a person is suitable for
working in close proximity with children, dependent adults, or persons
committed to a correctional facility;



(2)  The use of the information shall be subject to
those federal laws and regulations as may be now or hereafter adopted; and



(3)  The Hawaii criminal justice data center may
assess applicants a reasonable fee for each criminal history record check conducted.



(c)  The State or any of its branches,
political subdivisions, or agencies may deny employment on the basis of
criminal conviction in accordance with applicable laws and regulations as
follows:



(1)  For positions with contact with children or dependent
adults, if it finds that the applicant has been convicted of a crime and that
by reason of the nature and circumstances of the crime, the applicant poses a
risk to the health, safety, or well-being of children or dependent adults; and



(2)  For positions with contact with persons committed
to a correctional facility, if it finds that the applicant has been convicted
of a crime other than a minor traffic violation involving a fine of $50 or less
and because of the nature of the conviction, the applicant poses a risk to the
health, safety, security, or well-being of persons committed to a correctional
facility, the correctional facility's staff, or the public at large.



Nothing in this subsection prohibits the State or
any of its branches, political subdivisions, or agencies from denying
employment for other reasons as permitted by applicable laws and regulations.



(d)  For purposes of implementing this section:



(1)  For employees holding positions with contact with
children or dependent adults on May 28, 2003, no employee who has been
continuously employed on a salaried basis prior to July 1, 1990, shall be
subject to a criminal history record check for the position held on May 28,
2003;



(2)  For employees holding positions with contact with
persons committed to a correctional facility on May 28, 2003, no employee shall
be terminated based on convictions in the criminal history record check except
those convictions occurring after July 1, 1990, or under circumstances in which
the employee is a fugitive from justice; and



(3)  Nothing in this section shall abrogate an
employee's rights under collective bargaining to appeal a termination of
employment.



(e)  As used in this section:



"Applicant" means a person who is
applying for a position whose duties, location, work site, or assignments place
that person in the same type of contact with children, dependent adults, or
persons committed to a correctional facility as other public employees who hold
positions that are authorized by law to require a criminal history record check
as a condition of employment.



"Employee" means a person holding a
position whose duties, location, work site, or assignments place that person in
the same type of contact with children, dependent adults, or persons committed
to a correctional facility as other public employees who hold positions that
are authorized by law to require a criminal history record check as a condition
of employment.



"Public employees who hold positions that
are authorized by law" means a public employee whose position requires a
criminal history record check as a condition of employment and the
authorization for the criminal history record check is not provided by this
section. [L 2003, c 95, §2]



 



Revision Note



 



  "May 28, 2003" substituted for "the effective
date of this Act".