[Adopted 6-22-1993 by Ord. No. 595 as Secs. 2-151 to 2-156 of the 1993 Code]
There is hereby established within the Town a Juvenile Hearing Board with the powers set forth in this article for the purpose of hearing all cases referred to such Board by the Chief of Police of the Town with respect to persons resident in the Town under the age of 18 who are charged with violating the criminal laws of the state or the Town.
No person who is a resident of the Town and under the age of 18 shall be referred to the Family Court for commission of a juvenile offense without having first been offered the opportunity to have his case heard before the Juvenile Hearing Board established herein, if the offense is one which, if committed by an adult, would be a misdemeanor; provided, however, that this requirement shall not apply in the case of any person:
Charged with the crime of assault or battery;
Who shall have been twice previously referred to the Juvenile Hearing Board or have been once previously referred and refused or failed to abide by the sanctions imposed or make the restitution recommended; and/or
Who at the time of commission of such juvenile offense shall be within the custody and control of the Family Court.
The Chief of Police may offer referral to the Juvenile Hearing Board to any other juvenile offender where, in the opinion of the Chief of Police, such referral would be beneficial to the juvenile concerned and the community at large. No referral to the Juvenile Hearing Board shall be made by the Chief of Police until such person, together with his legal guardians, shall have, in writing, waived such person's right to a hearing in the Family Court with respect to the offense charged, shall have agreed to guilt, and shall have agreed to abide by the decision of the Juvenile Hearing Board.
[Amended 7-26-2004 by Ord. No. 747]
The membership of the Juvenile Hearing Board shall consist of five persons and two alternates over the age of 18 years, to be appointed by the Town Council, all of whom shall have been resident for at least three years within the Town. The Town Council shall appoint one member whose term shall expire on December 1, 1981, and thereafter, until his successor is appointed and qualified; two members whose terms shall expire on December 1, 1982, and thereafter until their successors are appointed and qualified; two members whose terms shall expire on December 1, 1983, and thereafter until their successors are appointed and qualified. The two alternates shall be appointed for one-year terms. During the month of November 1980, 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 December 1, and thereafter until their successors are appointed and qualified. 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. No member of the Juvenile Hearing Board shall be entitled to receive any compensation by reason of his service on the Board.
The Juvenile Hearing Board shall hear all cases referred to it by the Chief of Police and shall recommend sanctions, other than incarceration, and shall direct restitution for any injuries resulting from the commission of such offense. In those cases in which the Board shall order restitution, it shall attempt to assist the juvenile offender and his parents in providing a means whereby the offender may make such restitution, including, without limiting the generality of the foregoing, attempting to provide, with the agreement of the Town Manager or the Superintendent of Schools, suitable employment by the Town. In any such proceeding the Juvenile Hearing Board, prior to imposing sanctions, shall request the juvenile offender and his parents to agree to the sanctions imposed and the amount of restitution and manner of making the restitution. 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.
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 juvenile officer, and the juvenile offender and his 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 his behalf. A majority of the members of the Juvenile Hearing Board shall constitute a quorum, and its proceedings shall be closed to the public, except that the Juvenile Hearing Board may, with the consent of such juvenile and his legal guardians, transact its business in public. The Juvenile Hearing Board shall elect one from its members as its Chairman and one as its Vice Chairman. In the absence of the Chairman, the Vice Chairman 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 theretofore adopted.
This article shall apply to all juveniles alleged to have committed an offense after the date of the enactment of the ordinance from which this article derives.