[§571-34] Criminal history record checks. The judiciary shall develop standards to assure the reputable and responsible character of employees of detention facilities defined in this chapter which shall include but not be limited to criminal history record checks. Employees of facilities established under section 571-33, including new employees shall submit a statement under penalty of perjury indicating whether the employee or new employee was ever convicted of a crime other than a minor traffic violation involving a fine of fifty dollars or less. The statement shall provide consent to the judiciary to conduct a criminal history record check and to obtain other criminal history record information for verification. Employees shall be fingerprinted for the purpose of complying with the criminal history record check. New employees shall be fingerprinted for the purpose of complying with the criminal history record check.

The judiciary shall obtain criminal history record information through the Hawaii criminal justice data center on all employees and new employees. The Hawaii criminal justice data center may assess employees and new employees 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 judiciary may deny employment to an employee or new employee who was convicted of a crime other than a minor traffic violation involving a fine of fifty dollars or less and if the judiciary finds that the person's criminal history record indicates that the employee or new employee poses a risk to the health, safety, security, or well-being of youths under detention. [L 1985, c 209, §7]