A N
A C T
RELATING TO THE
TOWN OF EXETER -- JUVENILE HEARING BOARD
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Introduced
By: Senators Lenihan, and Breene |
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Date
Introduced: March 21, 2002 |
It is enacted by
the General Assembly as follows:
SECTION 1. For the purposes of promoting the public health, safety,
morals or general welfare, the town council of the town of Exeter shall have
the power in accordance with the provisions of this act within the limits of
said town by ordinance, to pass, ordain, establish and amend ordinances to
establish a juvenile hearing board.
Without
limiting the generality of the aforementioned, such ordinances shall include
the following provisions:
Section 1.
Establishment. -- There is hereby established a regional juvenile hearing board
for the town of Exeter for the purpose of hearing all cases referred to it by
the juvenile division of the police department or the chief of police of the
town of Exeter with respect to persons under the age of eighteen (18), who are
charged with violating either (a) the criminal laws of the state of Rhode
Island, or the town of Exeter, or (b) section 16-19 et seq. of the Rhode Island
general laws, regarding compulsory attendance.
Said board
shall be called the Exeter juvenile hearing board (hereinafter the
"board").
Section 2.
Membership. -- (a) The membership of the board shall consist of seven (7)
members who shall be appointed by the Exeter town council.
(b) The term of
appointment shall be three (3) years provided that initial appointments shall
be staggered with two (2) members appointed for one (1) year, two (2) members
appointed for two (2) years and three (3) members appointed for three (3) years.
(c) There shall
be two (2) alternate members, one (1) selected by the town council to serve for
a one (1) year term expiring September 30. Upon expiration of a term, a member
shall continue to serve until replaced or otherwise reappointed. In the event
of a vacancy on the board, an appointment may be made to complete the unexpired
term.
Section 3.
Referral to the board. -- (a) Persons who are under the age of eighteen (18)
years may be referred to the board, which shall have concurrent jurisdiction
with the Rhode Island family court if the alleged offense is one which, if
committed by an adult, would be a misdemeanor, provided, however, that there
shall be no such referral, with respect to any person:
(i) charged
with the offense of assault or battery, unless otherwise decided on a
case-by-case basis by the chief of police;
(ii) charged
with a controlled substance offense, unless otherwise decided on a case-by-case
basis by the chief of police;
(iii) twice
previously referred to the board, or once previously referred and such person
refused or failed to abide by the sanctions imposed or make the restitution
recommended; or
(iv) at the
time of the alleged commission of such offense is within the custody and
control of the family court.
(b) No referral
to the board shall be made until such person, together with his/her legal
guardians and/or legal representative has in writing waived such person's right
to a hearing in the family court with respect to the offense charged, has
admitted to the alleged offense, and has agreed to abide by the decision of the
board.
Section 4.
Duties of the board. -- (a) The board shall be authorized to hear all cases,
referred by the juvenile division of the police department or the chief of
police of the town of Exeter, and to impose and order sanctions other than
incarceration.
Sanctions may
include, but are not limited to:
(i) fines up to
a maximum of one hundred dollars ($100) for each offense charged;
(ii) community
service;
(iii)
restitution for any injuries and/or damages, where appropriate, resulting from
the commission of any offense;
(iv) imposition
of a reasonable curfew; and/or
(v) denial or revocation of the juvenile's driving privileges for a period of up to two (2) years.
In any such
proceedings, the board, prior to imposing sanctions, shall request the juvenile
offender and his/her parents or legal guardians to agree to the sanctions
imposed, the amount of the restitution and manner of making the same. In
ordering restitution, the board shall take into account the juvenile offender's
ability to pay and the amount of actual damage caused as a result of the
commission of such offenses.
Section 5.
Quorum -- Rules. -- (a) Majority of the board's membership shall constitute a
quorum, and a majority of the members present shall be required to take any
action. Any juvenile offender may be represented by counsel and may present
evidence in his or her behalf.
(b) The board
shall have the power from time to time to adopt and publish all rules and
regulations necessary to carry out its function under the provisions of this
ordinance.
(c) The board
shall give notice of the date and time of meeting to the juvenile division of
the police department or the chief of police, and the alleged juvenile offender
and his/her parents or legal guardians not less than seven (7) days prior to
the date of the hearing.
(d) Board
proceedings shall be closed to the public, and the provisions of chapters 42-46
of the Rhode Island general laws shall not apply to such proceedings. All
records or proceedings, including records concerning the arrest, apprehension
or detention of any juvenile offender, shall be withheld from public inspection
but such records shall be available to the parent, legal guardians or attorney
of the juvenile for inspection.
SECTION 2. This act shall take effect upon passage and shall apply
to all juveniles alleged to have committed an offense after the date of
enactment.