[HISTORY: Adopted by the Town Council of
the Town of Barrington 10-11-1978 (Ch. I, Sec. 10, of Title Five of
the 1965 Code). Amendments noted where applicable.]
RHODE ISLAND GENERAL LAWS (AS
AMENDED)
Liability of parents for restitution — See
§ 12-19-33.
GENERAL REFERENCES
Police Department — See Ch. 41 and Title 10 of the Charter.
There is hereby established within the Town
of Barrington a Juvenile Hearing Board with the powers set forth in
this chapter for the purpose of hearing all cases referred to such
Board by the Chief of Police of the Town of Barrington with respect
to persons resident in the Town of Barrington, under the age of 18,
who are charged with violating the criminal laws of the State of Rhode
Island or the Town of Barrington.
[Amended 7-11-1988 by Ord. No. 88-6; 12-9-1991 by Ord. No. 91-20]
A.
The
membership of the Juvenile Hearing Board shall consist of five persons,
two alternate persons and a Town Council liaison who may participate
without voting privileges, to be appointed by the Town Council of
the Town of Barrington, all of whom shall have been residents for
at least three years within the Town of Barrington, over the age of
18 years. The Town Council shall appoint two members whose terms shall
expire on November 30, 1979, and thereafter until their successors
are appointed and qualified, two members whose terms shall expire
on November 30, 1980, and thereafter until their successors are appointed
and qualified and two members whose terms shall expire on November
30, 1981, and thereafter until their successors are appointed and
qualified. During the month of November 1979 and annually thereafter,
the Town Council shall appoint a member or members to succeed the
member or members whose terms will then next expire, to serve for
a term of three years, commencing on the first day of December, and
thereafter until their successors are appointed and qualified. The
Council liaison shall be appointed following each general election
or at such other time as the Town Council may decide.
[Amended 4-2-2018 by Ord.
No. 2018-5; 1-6-2014 by Ord. No. 2013-11]
B.
In the event of a vacancy occurring in the office
of a member by death, resignation or otherwise, such vacancy shall
be filled in like manner as the original appointment but only for
the remainder of the term of the former member.
C.
No member of the Juvenile Hearing Board shall be entitled
to receive any compensation by reason of their service on the Board.
A.
The Juvenile Hearing Board shall hear all cases referred
to it by the Chief of Police and shall determine whether there is
reasonable cause to believe that the person so referred has committed
the offense alleged and whether such person should be disciplined
as a result thereof. In making such determination, the Juvenile Hearing
Board shall not be bound by the customary rules of evidence and may
consider all probative and relevant evidence whether or not such evidence
would be admissible in a court of competent jurisdiction.
B.
In those cases in which the Juvenile Hearing Board
shall determine that there is reasonable ground to believe that the
offense was committed by the person so charged and that such person
should be disciplined, it shall recommend sanctions (other than incarceration)
and shall direct restitution for any injuries resulting from the commission
of such offense.
C.
In those cases in which the Board shall order restitution,
it shall attempt to assist the juvenile offender and their parents
by providing a means whereby the offender may make such restitution,
including, without limiting the generality of the foregoing, attempting
to provide, with the cooperation of the Town Manager or the Superintendent
of Schools, suitable employment by the Town of Barrington.
D.
In any such proceeding, the Juvenile Hearing Board,
prior to imposing sanctions, shall request the juvenile offender and
their parents to agree to the sanctions imposed and the amount of
restitution and manner of making the same. In ordering restitution,
the Juvenile Hearing 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 offense.
[Amended 12-9-1991 by Ord. No. 91-20]
A.
The Juvenile Hearing Board shall meet not less than
once each month. It shall give notice of the matters to be heard before
it to the Chief of Police, the Youth Concerns Officer and the juvenile
offender and their parents not less than seven days prior to the date
of the hearing. Any juvenile offender shall be entitled to be represented
by counsel and present evidence in their behalf.
B.
Three members of the Juvenile Hearing Board shall
constitute a quorum, and its proceedings shall be closed to the public.
[Amended 6-7-2021 by Ord. No. 2021-9]
C.
The Juvenile Hearing Board shall elect one from its
members as its Chair and one as its Vice Chair. In the absence of
the Chair, the Vice Chair shall be the presiding officer. A majority
of the members present shall be required to take any action.
D.
The Juvenile Hearing Board shall have the power from
time to time to draft rules governing its proceedings or to amend
or repeal any rules theretofore adopted.
