[HISTORY: Adopted by the Town Council of the Town of Charlestown 1-11-1999 by Ord. No. 213. Amendments noted where applicable.]
The purpose of this Ordinance is to promote the public health, safety, morals, and general welfare of the citizens of the Town of Charlestown.
Pursuant to § 45-2 of the Rhode Island General Laws, a Juvenile Hearing Board shall be established in the Town of Charlestown for the purpose of hearing all cases referred to it by the juvenile division of the police department or the Chief of Police with respect to persons under the age of eighteen (18) who are charged with violating the criminal laws of the State of Rhode Island or the Town of Charlestown.
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 the requirement shall not apply in the case of any person:
charged with the offense of simple assault;
who shall have been twice previously referred to the Board or have been once previously referred and refused or failed to abide by the sanctions imposed or make the restitution recommended; or
at the time of the alleged commission of such offense shall be within the custody and control of the family court.
The juvenile division of the police department or the Chief of Police may also refer to the Board any other juvenile offender if, in the opinion of the juvenile division or the Chief of Police, such referral would be beneficial to the juvenile concerned and the community at large.
No referral to the Board shall be made until such person, together with his/her legal guardians and/or legal representative, shall have in writing waived such person's right to a hearing in family court with respect to the offense charged, has admitted to the alleged offense, and shall have agreed to abide by the decision of the Board.
The membership of the Charlestown Juvenile Hearing Board shall consist of five (5) regular members and two (2) alternates who shall be residents of the Town of Charlestown over the age of eighteen (18).
[Amended 7-9-2012 by Ord. No. 351]
The members of the Board shall be appointed by majority vote of the Town Council.
The term of appointment for members of the Board shall be for three (3) years, except that the initial appointments shall be for less than three (3) years, thereby staggering the initial appointment.
Appointed members of the Board shall be eligible for reappointment, and upon expiration of their term shall continue to serve until replaced or reappointed. In the event of a vacancy on the Board, interim appointments of appointed members may be made by the Town Council to complete the unexpired term of the vacant position.
The Juvenile Hearing Board shall meet not less than once each month. It shall give notice of date and time of meetings to the Juvenile Division, the juvenile offender and his/her guardians, not less than seven days prior to the date of the hearing. A majority of the members of the Juvenile Hearing Board shall constitute a quorum, and its proceedings shall be closed to the public. All Juvenile Hearing Board matters are confidential.
The Juvenile Hearing Board shall elect one from its members as its Chairperson, and one as its Vice Chairperson. In the absence of the Chairperson, the Vice Chairperson shall be the presiding officer. A majority of the members present shall be required to take any action. 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 therefor adopted.
The Ordinance shall apply to all juveniles alleged to have committed an offense after the date of enactment. This Ordinance shall take effect and be made part of the Code of Ordinances of the Town of Charlestown, Rhode Island, upon its passage and all ordinances and parts of the Code of Ordinances of the Town of Charlestown, Rhode Island, inconsistent herewith, are hereby repealed.