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

     (b)  For purposes of this section:

     "Prospective staff member" means any applicant for a job in the department that involves the exercise of police powers conferred by the director, including the power to arrest.

     "Staff member" means any employee of the department who possesses police powers conferred by the director, including the power of arrest.

     (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 members and prospective staff members of the department of law enforcement.  Prospective staff members shall be fingerprinted and the criminal history record check shall be completed before 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; am L 2022, c 278, §14]

Revision Note

  In subsection (b), definitions rearranged pursuant to §23G-15.