2022 -- S 2698 | |
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LC005479 | |
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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 | |
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Introduced By: Senators Lombardo, Ciccone, Archambault, McCaffrey, and Picard | |
Date Introduced: March 17, 2022 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 12 of the Public Laws of 1997 entitled "AN ACT RELATING TO |
2 | THE TOWNS OF JOHNSTON AND SMITHFIELD -- REGIONAL JUVENILE HEARING |
3 | BOARD" is hereby amended to read as follows: |
4 | Section 1. For the purposes of promoting the public health, safety, morals or general |
5 | welfare, the town council of the town of Johnston and the town of Smithfield, shall have the power |
6 | in accordance with the provisions of this act within the limits of said towns by ordinance, to pass, |
7 | ordain, establish and amend ordinances to establish a regional juvenile hearing board. |
8 | Without limiting the generality of the aforementioned, such ordinances shall include the |
9 | following provisions: |
10 | Section 1. Establishment. -- There is hereby established a regional juvenile hearing board |
11 | for the towns of Johnston and Smithfield for the purpose of hearing all cases referred to it by the |
12 | juvenile division of the police department or the chief of police of either of said towns with respect |
13 | to persons under the age of eighteen (18), who are charged with violating either (a) the criminal |
14 | laws of the state of Rhode Island, or the towns of Johnston or Smithfield, or (b) section 16-19 et |
15 | seq. of the Rhode Island General Laws, regarding compulsory attendance. |
16 | Said board shall be called the Johnston/Smithfield Regional Juvenile Hearing Board |
17 | (hereinafter the "Board"). |
18 | Section 2. Membership. -- (a) The membership of the Board shall consist of seven (7) |
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1 | members selected as follows: three (3) from both the town of Johnston and the town of Smithfield |
2 | who shall be appointed by their respective town councils, and one (1) from either of said towns, |
3 | who shall also be a member of the board or staff of Tri-Town Community Action Agency who |
4 | shall be jointly appointed by said councils. |
5 | (b) The term of appointment shall be three (3) years, provided that initial appointments |
6 | shall be for one (1), two (2) and three (3) years, so as to provide for staggered terms. Each term |
7 | shall expire on September 30. No Board member shall serve more than two (2) consecutive terms; |
8 | provided, however, that in the case where no other person is seeking appointment to the board an |
9 | existing board member may be reappointed. |
10 | (c) There shall be two (2) alternate members, one (1) selected by each town council to serve |
11 | for a one (1) year term expiring September 30. Upon expiration of a term, a member shall continue |
12 | to serve until replaced or otherwise reappointed. In the event of a vacancy on the Board, an |
13 | appointment may be made to complete the unexpire unexpired term. |
14 | Section 3. Referral to the Board. -- (a) Persons who are under the age of eighteen (18) years |
15 | may be referred to the Board, which shall have concurrent jurisdiction with the Rhode Island |
16 | Family Court if the alleged offense is one which, if committed by an adult, would be a |
17 | misdemeanor, provided, however, that there shall be no such referral, with respect to any person: |
18 | (i) charged with the offense of assault or battery, unless otherwise decided on a case-by- |
19 | case basis by the chief of police; |
20 | (ii) charged with a controlled substance offense, unless otherwise decided on a case-by- |
21 | case basis by the chief of police; |
22 | (iii) twice previously referred to the Board, or once previously referred and such person |
23 | refused or failed to abide by the sanctions imposed or make the restitution recommended; or |
24 | (iv) at the time of the alleged commission of such offense is within the custody and control |
25 | of the family court. |
26 | (b) The juvenile division of the police department or the chief of police may also refer to |
27 | the Board any other juvenile offender where in the opinion of the juvenile division or the chief of |
28 | police such referral would be beneficial to the juvenile concerned and the community at large. |
29 | (c) No referral to the Board shall be made until such person, together with his/her legal |
30 | guardians and/or legal representative has in writing waived such person's right to a hearing in the |
31 | family court with respect to the offense charged, has admitted to the alleged offense, and has agreed |
32 | to abide by the decision of the Board. |
33 | Section 4. Duties of the board. -- (a) The Board shall be authorized to hear all cases, referred |
34 | by the juvenile division of the police department or the chief of police of the aforesaid towns, and |
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1 | to impose and order sanctions other than incarceration. |
2 | Sanctions may include, but are not limited to: |
3 | (i) fines up to a maximum of one hundred dollars ($100) for each offense charged; |
4 | (ii) community service; |
5 | (iii) restitution for any injuries and/or damages, where appropriate, resulting from the |
6 | commission of any offense; |
7 | (iv) imposition of a reasonable curfew; and/or |
8 | (v) denial or revocation of the juvenile's driving privileges for a period of up to two (2) |
9 | years. |
10 | In any such proceedings, the Board, prior to imposing sanctions, shall request the juvenile |
11 | offender and his/her parents or legal guardians to agree to the sanctions imposed, the amount of the |
12 | restitution and manner of making the same. In ordering restitution, the Board shall take into account |
13 | the juvenile offender's ability to pay and the amount of actual damage caused as a result of the |
14 | commission of such offenses. |
15 | Section 5. Quorum -- Rules. -- (a) A majority of the Board's membership shall constitute a |
16 | quorum, and a majority of the members present shall be required to take any action. Any juvenile |
17 | offender may be represented by counsel and may present evidence in his or her behalf. |
18 | (b) The Board shall have the power from time to time to adopt and publish all rules and |
19 | regulations necessary to carry out its function under the provisions of this ordinance. |
20 | (c) The Board shall give notice of the date and time of meeting to the juvenile division of |
21 | the police department or the chief of police, and the alleged juvenile offender and his/her parents |
22 | or legal guardians, not less than seven (7) days prior to the date of the hearing. |
23 | (d) Board proceedings shall be closed to the public, and the provisions of chapters 42-46 |
24 | of the Rhode Island general laws shall not apply to such proceedings. All records or proceedings, |
25 | including records concerning the arrest, apprehension or detention of any juvenile offender, shall |
26 | be withheld from public inspection but such records shall be available to the parent, legal guardians |
27 | or attorney of the juvenile for inspection. |
28 | SECTION 2. This act shall take effect upon passage. |
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LC005479 | |
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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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1 | This act amends the public law creating the Johnston/Smithfield Regional Juvenile Hearing |
2 | board to allow a board member to serve more than two (2) terms if no other person seeks |
3 | appointment to the board. |
4 | This act would take effect upon passage. |
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LC005479 | |
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