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



(b)  For purposes of this section:



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



"Prospective staff member" means any
applicant for a job in the department of public safety that is directly
involved with the treatment and care of persons committed to a facility or that
requires the exercise of police powers, including the power to arrest in the
performance of its duties.



(c)  The department shall obtain criminal
history record information through the Hawaii criminal justice data center in
accordance with section 846-2.7, on all staff and prospective staff members of
the department of public safety.  Prospective staff members shall be
fingerprinted and the criminal history record check shall be completed prior to
beginning employment.



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



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