[§352-5.5] Criminal history record checks. The department shall develop standards to assure the reputable and responsible characters of staff members of the Hawaii youth correctional facility which shall include but not be limited to criminal history record checks. Staff members, as defined in section 352-5, including any new staff members, shall submit a statement under penalty of perjury indicating whether the staff member was ever convicted of a crime other than a minor traffic violation involving a fine of fifty dollars or less and providing consent to the department to conduct a criminal history record check and to obtain other criminal history record information for verification. The staff members shall be fingerprinted for the purpose of complying with the criminal history record check. New staff members shall be fingerprinted within five working days of beginning employment for the purpose of complying with the criminal history record check.

The department shall obtain criminal history record information through the Hawaii criminal justice data center on all staff members and new staff members of the Hawaii youth correctional facility. The Hawaii criminal justice data center may assess the staff members and new staff members a reasonable fee for each criminal history record check conducted. The information obtained shall be used exclusively for the stated purpose for which it was obtained, and shall be subject to such federal laws and federal regulations as may be now or hereafter adopted.

The department may deny employment to a staff member or new staff member who was convicted of a crime other than a minor traffic violation involving fifty dollars or less and if the department finds that the criminal history record of the staff member or new staff member poses a risk to the health, safety, security or well-being of youths under supervision and confinement. [L 1985, c 209, §5]