REPORT TITLE:
Criminal History Checks


DESCRIPTION:
Requires criminal history record checks for all applicants for
licenses to operate adult residential homes, nursing homes, home
health services, assisted living facilities, day care centers for
elder disabled and aged persons, facilities providing care to
dependent adults, and their employees who have access to the
personal belongings of clients.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2063
THE SENATE                              S.B. NO.           S.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 human services and health;
 
 5 criminal history record checks.  (a)  For the purposes of this
 
 6 section, "criminal history record check" means:
 
 7      (1)  An examination or search for evidence of an
 
 8           individual's criminal history by means of:
 
 9           (A)  A search for the individual's fingerprints in the
 
10                national criminal history record files and, if
 
11                found, an analysis of any other information
 
12                available pertaining thereto; and
 
13           (B)  A check of criminal history record information
 
14                collected by the Hawaii criminal justice data
 
15                center; provided that the Hawaii criminal justice
 
16                data center may charge a reasonable fee for
 
17                criminal history record checks performed; and
 
18      (2)  Requiring information under subsection (d).
 
19      (b)  The department of health shall request a criminal
 

 
Page 2                                                     2063
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 history record check on any applicant to operate an adult
 
 2 residential care facility, nursing home, home health service, or
 
 3 assisted living facility, as well as all current and prospective
 
 4 employees of the applicant and all new employees of the applicant
 
 5 after registration or licensure, who provide care to residents or
 
 6 who have access to the personal belongings of residents.
 
 7      (c)  The department of human services shall request a
 
 8 criminal history record check on any applicant to operate a day
 
 9 care center for elder disabled and aged persons under part IV of
 
10 chapter 346 or a facility providing care to dependent adults, as
 
11 well as all current and prospective employees of the applicant
 
12 and all new employees of the applicant after licensure, who
 
13 provide care to clients and who have access to their clients'
 
14 personal belongings.
 
15      (d)  The criminal history record check, at a minimum, shall
 
16 require the applicant, current employee, or prospective employee
 
17 to disclose whether:
 
18      (1)  The individual subject to the criminal history record
 
19           check as described in subsections (b) and (c) has been
 
20           convicted in any jurisdiction of a crime indicating the
 
21           individual may be unsuited for employment where the
 
22           individual provides care to residents or has access to
 
23           the personal belongings of residents or clients in
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           their own homes; provided that the period for which the
 
 2           applicant or employee's conviction record is considered
 
 3           shall not exceed ten years; and
 
 4      (2)  The judgment of conviction has not been vacated.
 
 5      For purposes of this subsection, "conviction" means an
 
 6 adjudication by a court of competent jurisdiction that the
 
 7 applicant or employee committed a crime, but not including final
 
 8 judgments required to be confidential under section 571-84(a).
 
 9      The criminal history disclosure made by the applicant shall
 
10 be verified by the department of health or the department of
 
11 human services, as applicable, by means of information obtained
 
12 pursuant to a criminal history record check.
 
13      (e)  The applicant shall provide the department of human
 
14 services or the department of health, as applicable, with
 
15 personal identifying information including the applicant's name,
 
16 social security number, date of birth, sex, and permission to be
 
17 fingerprinted.  This information shall be used only for the
 
18 purpose of conducting the criminal history record check
 
19 authorized by this section.
 
20      (f)  The applicant shall submit to the department of health
 
21 or the department of human services, as applicable:
 
22      (1)  A statement signed under penalty of perjury stating
 
23           whether the applicant has ever been convicted in the
 

 
Page 4                                                     2063
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           previous ten years of a crime other than a minor
 
 2           traffic violation; and
 
 3      (2)  Written consent allowing the department of health or
 
 4           the department of human services, as applicable, to
 
 5           request and obtain criminal history record information.
 
 6      (g)  The department of health or the department of human
 
 7 services, as applicable, shall obtain background information for
 
 8 purposes of this section pursuant to a criminal history record
 
 9 check.  The information obtained shall be used exclusively for
 
10 the purposes this section and shall be subject to applicable
 
11 federal laws and regulations.
 
12      (h)  The department of human services and the department of
 
13 health, as applicable, shall not deny the registration or
 
14 licensure of a provider solely upon the basis of the criminal
 
15 conviction of the provider's prospective or current employee, if:
 
16      (1)  The conviction is not sufficiently related to the
 
17           financial or personal welfare or safety of the
 
18           provider's residents;
 
19      (2)  The current or prospective employee can demonstrate
 
20           rehabilitation; or
 
21      (3)  The current or prospective employee's conviction
 
22           occurred more than ten years prior to the registration
 
23           or licensure."
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      SECTION 2.  Section 846-10, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§846-10  Dissemination.  Criminal history record
 
 4 information may be disseminated to: 
 
 5      (1)  The governor in individual cases or situations wherein
 
 6           the governor elects to become actively involved in the
 
 7           investigation of criminal activity or the
 
 8           administration of criminal justice in accordance with
 
 9           the governor's constitutional duty to insure that the
 
10           laws be faithfully executed; 
 
11      (2)  The attorney general in connection with the attorney
 
12           general's statutory authority and duties in the
 
13           administration and enforcement of the criminal laws and
 
14           for the purpose of administering and insuring
 
15           compliance with the provisions of this chapter; 
 
16      (3)  [To such other individuals] Individuals and agencies
 
17           who are provided for in this chapter or by rule or
 
18           regulation[.]; and
 
19      (4)  The department of health and the department of human
 
20           services for purposes of section 846-  ."
 
21      SECTION 3.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 4.  This Act shall take effect upon its approval.