[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.
A.
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:
(1)
Charged with the crime of assault or battery;
(2)
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
(3)
Who at the time of commission of such juvenile offense
shall be within the custody and control of the Family Court.
B.
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.
