[§846-2.7] Criminal history record checks. (a) The agencies and other entities named in subsection (b) may conduct state and national criminal history record checks on the personnel identified in subsection (b), for the purpose of determining suitability or fitness for a permit, license, or employment; provided that the Hawaii criminal justice data center may charge a reasonable fee for the criminal history record checks performed. The criminal history record check shall include the submission of fingerprints to:
(1) The Federal Bureau of Investigation for a national criminal history record check; and
(2) The Hawaii criminal justice data center for a state criminal history record check that shall include nonconviction data.
Criminal history record information shall be used exclusively for the stated purpose for which it was obtained.
(b) Criminal history record checks may be conducted by:
(1) The department of health on operators of adult foster homes or developmental disabilities domiciliary homes and their employees, as provided by section 333F-22;
(2) The department of health on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services on behalf of the child and adolescent mental health division, as provided by section 321-171.5;
(3) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by [section] 302A-601.5;
(4) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;
(5) The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;
(6) The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;
(7) The department of human services on prospective adoptive parents as established under [section 346-19.7];
(8) The department of human services on applicants to operate child care facilities, prospective employees of the applicant, and new employees of the provider after registration or licensure as provided by section [346-154];
(9) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section [346-152.5];
(10) The department of human services on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in foster family homes as provided by section 346-E;
(11) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;
(12) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;
(13) The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;
(14) The department of commerce and consumer affairs on applicants for private detective or private guard licensure as provided by section 463-9;
(15) Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided as provided by section 302C-1;
(16) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A-601.5;
(17) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, dependent adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7; and
(18) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law.
(c) The applicant or employee subject to a criminal [history] record check shall provide to the requesting agency:
(1) Consent to obtain the applicant's or employee's fingerprints and conduct the criminal history record check;
(2) Identifying information required by the Federal Bureau of Investigation which shall include but not be limited to name, date of birth, height, weight, eye color, hair color, gender, race, and place of birth; and
(3) A statement indicating whether the applicant or employee has ever been convicted of a crime. [L 2003, c 95, §7]