2022 -- H 7951

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LC005348

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO THE TOWNS OF JOHNSTON AND SMITHFIELD -- REGIONAL

JUVENILE HEARING BOARD

     

     Introduced By: Representatives Fellela, Perez, J Lombardi, and Costantino

     Date Introduced: March 07, 2022

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 12 of the Public Laws of 1997 entitled "AN ACT RELATING TO

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THE TOWNS OF JOHNSTON AND SMITHFIELD -- REGIONAL JUVENILE HEARING

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BOARD" is hereby amended to read as follows:

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     Section 1. For the purposes of promoting the public health, safety, morals or general

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welfare, the town council of the town of Johnston and the town of Smithfield, shall have the power

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in accordance with the provisions of this act within the limits of said towns by ordinance, to pass,

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ordain, establish and amend ordinances to establish a regional juvenile hearing board.

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     Without limiting the generality of the aforementioned, such ordinances shall include the

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following provisions:

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     Section 1. Establishment. -- There is hereby established a regional juvenile hearing board

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for the towns of Johnston and Smithfield for the purpose of hearing all cases referred to it by the

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juvenile division of the police department or the chief of police of either of said towns with respect

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to persons under the age of eighteen (18), who are charged with violating either (a) the criminal

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laws of the state of Rhode Island, or the towns of Johnston or Smithfield, or (b) section 16-19 et

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seq. of the Rhode Island General Laws, regarding compulsory attendance.

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     Said board shall be called the Johnston/Smithfield Regional Juvenile Hearing Board

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(hereinafter the "Board").

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     Section 2. Membership. -- (a) The membership of the Board shall consist of seven (7)

 

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members selected as follows: three (3) from both the town of Johnston and the town of Smithfield

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who shall be appointed by their respective town councils, and one (1) from either of said towns,

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who shall also be a member of the board or staff of Tri-Town Community Action Agency who

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shall be jointly appointed by said councils.

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     (b) The term of appointment shall be three (3) years, provided that initial appointments

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shall be for one (1), two (2) and three (3) years, so as to provide for staggered terms. Each term

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shall expire on September 30. No Board member shall serve more than two (2) consecutive terms;

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provided, however, that in the case where no other person is seeking appointment to the board an

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existing board member may be reappointed.

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     (c) There shall be two (2) alternate members, one (1) selected by each town council to serve

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for a one (1) year term expiring September 30. Upon expiration of a term, a member shall continue

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to serve until replaced or otherwise reappointed. In the event of a vacancy on the Board, an

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appointment may be made to complete the unexpire unexpired term.

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     Section 3. Referral to the Board. -- (a) Persons who are under the age of eighteen (18) years

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may be referred to the Board, which shall have concurrent jurisdiction with the Rhode Island

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Family Court if the alleged offense is one which, if committed by an adult, would be a

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misdemeanor, provided, however, that there shall be no such referral, with respect to any person:

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     (i) charged with the offense of assault or battery, unless otherwise decided on a case-by-

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case basis by the chief of police;

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     (ii) charged with a controlled substance offense, unless otherwise decided on a case-by-

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case basis by the chief of police;

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     (iii) twice previously referred to the Board, or once previously referred and such person

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refused or failed to abide by the sanctions imposed or make the restitution recommended; or

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     (iv) at the time of the alleged commission of such offense is within the custody and control

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of the family court.

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     (b) The juvenile division of the police department or the chief of police may also refer to

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the Board any other juvenile offender where in the opinion of the juvenile division or the chief of

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police such referral would be beneficial to the juvenile concerned and the community at large.

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     (c) No referral to the Board shall be made until such person, together with his/her legal

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guardians and/or legal representative has in writing waived such person's right to a hearing in the

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family court with respect to the offense charged, has admitted to the alleged offense, and has agreed

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to abide by the decision of the Board.

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     Section 4. Duties of the board. -- (a) The Board shall be authorized to hear all cases, referred

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by the juvenile division of the police department or the chief of police of the aforesaid towns, and

 

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to impose and order sanctions other than incarceration.

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     Sanctions may include, but are not limited to:

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     (i) fines up to a maximum of one hundred dollars ($100) for each offense charged;

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     (ii) community service;

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     (iii) restitution for any injuries and/or damages, where appropriate, resulting from the

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commission of any offense;

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     (iv) imposition of a reasonable curfew; and/or

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     (v) denial or revocation of the juvenile's driving privileges for a period of up to two (2)

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years.

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     In any such proceedings, the Board, prior to imposing sanctions, shall request the juvenile

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offender and his/her parents or legal guardians to agree to the sanctions imposed, the amount of the

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restitution and manner of making the same. In ordering restitution, the Board shall take into account

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the juvenile offender's ability to pay and the amount of actual damage caused as a result of the

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commission of such offenses.

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     Section 5. Quorum -- Rules. -- (a) A majority of the Board's membership shall constitute a

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quorum, and a majority of the members present shall be required to take any action. Any juvenile

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offender may be represented by counsel and may present evidence in his or her behalf.

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     (b) The Board shall have the power from time to time to adopt and publish all rules and

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regulations necessary to carry out its function under the provisions of this ordinance.

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     (c) The Board shall give notice of the date and time of meeting to the juvenile division of

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the police department or the chief of police, and the alleged juvenile offender and his/her parents

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or legal guardians, not less than seven (7) days prior to the date of the hearing.

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     (d) Board proceedings shall be closed to the public, and the provisions of chapters 42-46

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of the Rhode Island general laws shall not apply to such proceedings. All records or proceedings,

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including records concerning the arrest, apprehension or detention of any juvenile offender, shall

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be withheld from public inspection but such records shall be available to the parent, legal guardians

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or attorney of the juvenile for inspection.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO THE TOWNS OF JOHNSTON AND SMITHFIELD -- REGIONAL

JUVENILE HEARING BOARD

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     This act amends the public law creating the Johnston/Smithfield Regional Juvenile Hearing

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board to allow a board member to serve more than two (2) terms if no other person seeks

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appointment to the board.

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     This act would take effect upon passage.

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