Section 353-1.5 - Criminal history record checks(a) The department shall develop standards to ensure the reputable and responsible characters of staff members, volunteers, contract service providers, and subcontract service providers of the State's correctional facilities, which shall include criminal history record checks.(b) For purposes of this section: "Contract service provider" means an individual or employee of an entity contracted directly by the department to provide a specific service. "Contract service provider" includes students who, as a part of their educational curriculum or assigned internship from a college or university, regardless of whether or not they receive a stipend, are assigned to the department to provide or learn how to provide a specific service for the department.
"Prospective staff member" means any applicant for a job in the department that is directly involved in the treatment and care of persons committed to a facility.
"Staff member" means any employee of the department who is directly involved with the treatment and care of persons committed to a facility.
"Subcontract service provider" means an individual or employee of an entity hired by a contract service provider.
"Volunteer" means an individual or organization who provides goods or services to the department without monetary or material compensation from the department.
(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, volunteers, contract service providers, and subcontract service providers of the department. Prospective staff members, volunteers, contract service providers, and subcontract service providers shall be fingerprinted and the criminal history record check shall be completed before beginning employment, providing contracted services, or volunteering.(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: (1) Those whose conviction of a crime occurred after May 8, 1989, or under circumstances in which a staff member is a fugitive from justice; and(2) 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.Amended by L 2024, c 74,§ 2, eff. 6/21/2024.Added by L 2022, c 278,§ 18, eff. 1/1/2024.