[Adopted 8-13-1991 by Ch. No. 983 as §§ 2-271
through 2-276 of the 1991 Code (Ch. No. 1166)]
The Juvenile Hearing Board ("Board") is established
pursuant to An Act Relating to the Town of Westerly Juvenile Hearing
Board, enacted by the Rhode Island General Assembly pursuant to Chapter
88 of the Public Laws of 1996, as amended.
The Board is established to promote the public
health, safety, morals, and general welfare in and for the Town.
A.
The Board shall hear all cases referred to it from
the Chief of Police, or his designee, with respect to persons resident
of the Town, under the age of 18, who are charged with violating the
criminal laws of the state, limited to wayward, misdemeanor and status
offenses, and violations of Town ordinances as to an offense occurring
after October 1, 1996. Referral to the Board shall not be offered
to any juvenile:
(1)
Who has been charged with the crime of simple assault;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Who shall have been twice previously referred to the
Board or who shall have been once previously referred to the Board
and thereafter failed to abide by the sanctions imposed or to make
restitution recommended by the Board; or
(3)
Who at the time of commission of the offense was within
the custody and control of the Family Court, not to include guardianship
matters.
B.
The Board may refuse to hear a case if the juvenile
refuses to provide requested information; fails to appear when requested;
or refuses to cooperate with the proceedings of the Board. In such
a case, the Board shall immediately notify, in writing, the Chief
of Police, or his designee, of its refusal, and the Chief of Police,
or his designee, shall thereafter refer the case to the Family Court.
A.
The membership of the Board shall consist of not less
than five nor more than seven persons, resident of the Town of Westerly,
18 years or older.
B.
The Town Council shall appoint two members, whose
terms shall expire on September 30, 1997, and thereafter until their
successors are appointed and qualified, two members, whose terms shall
expire September 30, 1998, and thereafter until their successors are
appointed and qualified, and three members, whose terms shall expire
on September 30, 1999, and thereafter until their successors are appointed
and qualified. During the month of August 1997, and annually thereafter,
the Town Council shall appoint a member or members to succeed the
member or members whose terms will next expire to serve for a term
of three years, commencing on the first day of October, and thereafter
until their successors are appointed and qualified, no member to serve
more than two consecutive terms. In the event of a vacancy occurring
during the term of a member, the Town Council shall have the power
to fill such vacancy for the remainder of that term. No member of
the Board shall be entitled to compensation for his/her services on
the Board.
A.
The Board is authorized to hear all cases referred
by the Chief of Police, or his designee, and is authorized to impose
and order (including but not limited to) the following sanctions other
than incarceration:
B.
Prior to participating in any hearing, the juvenile
together with his/her legal guardian and/or legal counsel shall agree,
in writing, to waive his/her right to a hearing by the Family Court,
to admit, in writing, having committed such charged offense, and to
agree, in writing, to be bound by the sanctions imposed by the Board.
The Board must advise the juvenile, in writing, of his/her right to
counsel and the right to have same present at any hearing. In making
its determination, the Board shall not be bound by the customary rules
of evidence, and may consider any evidence it deems relevant.
C.
Prior to the hearing, the Board shall give notice
of the date and time of the hearing to the Chief of Police, or his
designee, and to the alleged offender and his/her legal guardians,
not less than seven days prior to the date of the hearing.
D.
Prior to imposing any sanctions, the Board shall request
the juvenile and his/her legal guardians to agree to such sanctions,
the amount of restitution (if any), and the manner of making same.
In ordering restitution, the Board shall consider the juvenile's ability
to pay and the amount of damage actually caused as a result of the
offense charged.
E.
A majority of the Board's membership shall constitute
a quorum, and a majority of the members present shall be required
to impose any sanctions.
F.
The Board shall have the power from time to time to
draft rules governing its proceedings or to amend or repeal any rules
previously adopted, upon advice and consent of the Town Council.
Board proceedings shall be closed to the public,
and the provisions of G.L. 1956 Chapters 42-46 shall not apply to
any such proceedings. All records or proceedings, including records
concerning the arrest, apprehension, or detention of any juvenile
offender, shall be withheld from public inspection, except such records
shall be available to the legal guardians or attorney of the juvenile
for inspection.
