§353C-5  Criminal history record checks. (a)  The department shall develop standards to ensure the reputable andresponsible characters of staff members of its correctional facilities whichshall include criminal history record checks.

(b)  For purposes of this section:

"Staff member" means any employee ofthe department of public safety who is directly involved with the treatment andcare of persons committed to a facility or who possesses police powers,including the power of arrest.

"Prospective staff member" means anyapplicant for a job in the department of public safety that is directlyinvolved with the treatment and care of persons committed to a facility or thatrequires the exercise of police powers, including the power to arrest in theperformance of its duties.

(c)  The department shall obtain criminalhistory record information through the Hawaii criminal justice data center inaccordance with section 846-2.7, on all staff and prospective staff members ofthe department of public safety.  Prospective staff members shall befingerprinted and the criminal history record check shall be completed prior tobeginning employment.

(d)  The department may deny employment to aprospective staff member who was convicted of a crime other than a minor trafficviolation involving a fine of $50 or less and if the department finds from theprospective staff member's criminal history record that the prospective staffmember poses a risk to the health, safety, security, or well-being of inmatesunder supervision and confinement, other staff, or the public at large.

(e)  Staff members shall not be subject totermination based on findings in their criminal records except for those whoseconviction of a crime occurred after May 8, 1989, or under circumstances inwhich a staff member is a fugitive from justice.  Staff members shall besubject to termination for crimes other than a minor traffic violationinvolving a fine of $50 or less, where because of the staff member's convictionrecord, the staff member poses a risk to the health, safety, security, orwell-being of inmates under supervision and confinement, other staff, or thepublic at large. [L 1992, c 65, §1; am L 1997, c 6, §1; am L 2003, c 95, §11]