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

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

(1)  The information obtained shall be usedexclusively for the purpose of determining whether a person is suitable forworking in close proximity with children, dependent adults, or personscommitted to a correctional facility;

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

(3)  The Hawaii criminal justice data center mayassess 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 ofcriminal conviction in accordance with applicable laws and regulations asfollows:

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

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

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

(d)  For purposes of implementing this section:

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

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

(3)  Nothing in this section shall abrogate anemployee's rights under collective bargaining to appeal a termination ofemployment.

(e)  As used in this section:

"Applicant" means a person who isapplying for a position whose duties, location, work site, or assignments placethat person in the same type of contact with children, dependent adults, orpersons committed to a correctional facility as other public employees who holdpositions that are authorized by law to require a criminal history record checkas a condition of employment.

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

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

 

Revision Note

 

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