REPORT TITLE:
Criminal History Checks


DESCRIPTION:
Requires criminal history record checks for all employees of
adult residential homes and nursing homes, and employees of day
care centers for elder disabled and aged persons, who have access
to the personal belongings of clients.  (HB1835 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1835
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIMINAL HISTORY RECORD CHECKS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 846, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to part III to be appropriately
 
 3 designated and to read as follows:
 
 4      "§846-     Departments of health and human services;
 
 5 criminal history record checks.  (a)  For the purposes of this
 
 6 section, "criminal history record check" means an examination or
 
 7 search for evidence of an individual's criminal history by means
 
 8 of:
 
 9      (1)  A search for the individual's fingerprints in the
 
10           national criminal history record files and, if found,
 
11           an analysis of any other information available
 
12           pertaining thereto; and
 
13      (2)  A criminal history record check conducted by the
 
14           Hawaii criminal justice data center; provided that the
 
15           Hawaii criminal justice data center may charge a
 
16           reasonable fee for criminal history record checks
 
17           performed.
 
18      (b)  The departments of health and human services shall
 
19 provide fingerprinting services for the national criminal history
 

 
Page 2                                                     1835
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 record files search required by this section, and may charge a
 
 2 reasonable fee for this service.  The departments of health and
 
 3 human services may also charge fees to cover the costs of both
 
 4 the national and local criminal history checks required by this
 
 5 section.  The departments of health and human services shall
 
 6 adopt rules under chapter 91 to implement this subsection.
 
 7      (c)  The department of health shall request a criminal
 
 8 history record check on:
 
 9      (1)  Any applicant to operate an adult residential care
 
10           facility, nursing home, or assisted living facility;
 
11      (2)  All current and prospective employees of the applicant;
 
12           and
 
13      (3)  All new employees of the applicant after registration
 
14           or licensure,
 
15 who provide care to residents or who have access to the personal
 
16 belongings of residents.
 
17      (d)  The department of human services shall request a
 
18 criminal history record check on:
 
19      (1)  Any applicant to operate a day care center for elder
 
20           disabled and aged persons under chapter 346, part IV;
 
21      (2)  All current and prospective employees of the applicant;
 
22           and
 

 
 
 
Page 3                                                     1835
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (3)  All new employees of the applicant after licensure, who
 
 2           provide care to clients or who have access to their
 
 3           clients' personal belongings.
 
 4      (e)  The criminal history record check of each employee as
 
 5 required in this section shall be conducted every     years.
 
 6      (f)  The criminal history record check, at a minimum, shall
 
 7 require the applicant, current employee, or prospective employee
 
 8 to disclose whether:
 
 9      (1)  The individual subject to the criminal history record
 
10           check as described in subsections (c) and (d) has been
 
11           convicted in any jurisdiction of a crime that indicates
 
12           the individual may be unsuited for employment where the
 
13           individual provides care to residents or has access to
 
14           the personal belongings of residents or clients in
 
15           their own homes; provided that the period for which the
 
16           applicant or employee's conviction record is considered
 
17           shall not exceed ten years; and
 
18      (2)  The judgment of conviction has not been vacated.  For
 
19           purposes of this section, "conviction" means an
 
20           adjudication by a court of competent jurisdiction that
 
21           the applicant or employee committed a crime not
 
22           including final judgments required to be confidential
 
23           pursuant to section 571-84.
 

 
Page 4                                                     1835
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      The criminal history disclosure made by the applicant shall
 
 2 be verified by the department of health or the department of
 
 3 human services, as applicable, by means of information obtained
 
 4 through the Hawaii criminal justice data center and national
 
 5 criminal history record files.
 
 6      (g)  The applicant shall provide the department of health or
 
 7 the department of human services, as applicable, with personal
 
 8 identifying information including the applicant's name, social
 
 9 security number, date of birth, and sex, and permission to be
 
10 fingerprinted.  This information shall be secured only for the
 
11 purpose of conducting the criminal history record check
 
12 authorized by this section.
 
13      (h)  The applicant shall submit to the department of health
 
14 or the department of human services, as applicable:
 
15      (1)  A statement signed under penalty of perjury stating
 
16           whether the applicant has ever been convicted in the
 
17           previous ten years of a crime other than a minor
 
18           traffic violation; and
 
19      (2)  Written consent allowing the department of health or
 
20           the department of human services, as applicable, to
 
21           request and obtain criminal history record information.
 
22      (i)  The departments of health and human services shall
 
23 obtain criminal history record information through the Hawaii
 

 
Page 5                                                     1835
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 criminal justice data center and national criminal history record
 
 2 files on the applicant.  The information obtained shall be used
 
 3 exclusively for the purpose of conducting criminal history record
 
 4 checks authorized by this section and shall be subject to
 
 5 applicable federal laws and regulations.
 
 6      (j)  The department of health or the department of human
 
 7 services, as applicable, shall not deny the registration or
 
 8 licensure of a provider solely upon the basis of the criminal
 
 9 conviction of the provider's prospective or current employee
 
10 where:
 
11      (1)  The conviction is not sufficiently related to the
 
12           financial or personal welfare or safety of the
 
13           provider's residents;
 
14      (2)  The current or prospective employee can demonstrate
 
15           rehabilitation; or
 
16      (3)  The current or prospective employee's conviction
 
17           occurred more than ten years prior to the registration
 
18           or licensure;
 
19 provided that such convictions may be considered where the
 
20 current or prospective employee has criminal convictions relating
 
21 to the financial or personal welfare or safety of the provider's
 
22 residents occurring within the previous ten years."
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 2.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $        or so much
 
 3 thereof as may be necessary for fiscal year 2000-2001 to cover
 
 4 the administrative costs in implementing this Act.
 
 5      The sum appropriated shall be expended by the department of
 
 6 health for the purposes of this Act.
 
 7      SECTION 3.  There is appropriated out of the general
 
 8 revenues of the State of Hawaii the sum of $        or so much
 
 9 thereof as may be necessary for fiscal year 2000-2001 to cover
 
10 the administrative costs in implementing this Act.
 
11      The sum appropriated shall be expended by the department of
 
12 human services for the purposes of this Act.
 
13      SECTION 4.  New statutory material is underscored.
 
14      SECTION 5.  This Act shall take effect upon its approval;
 
15 provided that sections 2 and 3 shall take effect on July 1, 2000.