DIVISION 2. - JUVENILE HEARING BOARD

Footnotes:

--- (6) --- State Law reference— Juvenile hearing board, G.L. 1956, § 16-19-8.

Sec. 2-278. - Establishment.#

Pursuant to G.L. 1956, § 16-19-8, a juvenile hearing board shall be established in the city 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 18 who are charged with violating the criminal laws of the state or the city. Such board shall be called the "Central Falls Juvenile Board."

(Code 1994, § 2-106; Ord. of 1-9-1995, § I)

Sec. 2-279. - Membership.#

(a)

The membership of the city juvenile hearing board (the board) shall consist of not less than five nor more than seven residents of the city and one ex officio member named by the mayor from the city council over the age of 18 years.

(b)

The members of the board shall be appointed by the mayor and confirmed by the council.

(c)

The term of appointment for members of the board shall be for three years, except that the initial appointments shall be for less than three years, hereby staggering such initial appointments.

(d)

Appointed members of the board shall be eligible for reappointment, and upon expiration of their term shall continue to serve until replaced or otherwise reappointed. In the event of a vacancy on the board, interim appointments of appointed members may be made by the mayor and confirmed by the council to complete the unexpired term of the vacant position.

(Code 1994, § 2-107; Ord. of 1-9-1995, § II)

Sec. 2-280. - Referral to the juvenile hearing board; exceptions; waiver of rights to family court.#

(a)

Persons who are under the age of 18 years may be referred to the board which shall have concurrent jurisdiction with the state family court if the alleged offense is one which, if committed by an adult, would be a misdemeanor. This requirement shall not apply in the case of any person:

(1)

Charged with the offense of simple assault;

(2)

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; and

(3)

Also at the time of the alleged commission of such offense shall be within the custody and control of the family court.

(b)

The juvenile division of the police department or the chief of police may refer any other juvenile offender to the board where, 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.

(c)

No referral to the board shall be made until such person, together with his legal guardians and/or legal representative shall have in writing waived such person's right to a hearing in the 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.

(Code 1994, § 2-108; Ord. of 1-9-1995, § III)

Sec. 2-281. - Duties.#

(a)

The board shall be authorized to hear all cases referred by the juvenile division of the police department or the chief of police, and to impose and order sanctions other than incarceration. Such sanctions may include, but are not limited to:

(1)

Fines up to a maximum of $100.00 for each offense charged;

(2)

Community service;

(3)

Restitution for any injuries and/or damages, where appropriate, resulting from the commission of any offense;

(4)

Imposition of a reasonable curfew;

(5)

Denial or revocation of the juvenile's driving privileges for a period of up to two years.

(b)

In any such proceedings, the board, prior to imposing sanctions, shall request the juvenile offender and his parents or legal guardians to agree to the sanctions imposed, the amount of restitution and manner of making the same.

(c)

In ordering restitution, the board shall take into account the juvenile offenders' ability to pay and the amount of actual damage caused as a result of the commission of such offenses.

(Code 1994, § 2-109; Ord. of 1-9-1995, § IV)

Sec. 2-282. - Quorum; rules.#

(a)

A majority of the board's membership shall constitute a quorum, and a majority of the members present shall be required to take any action. Any juvenile offender may be represented by counsel and may present evidence in his behalf.

(b)

The board shall have the power to, from time to time, adopt and publish all rules and regulations necessary to carry out its function under the provisions of this division.

(c)

The board shall give notice of the date and time of meeting to the juvenile division of the police department or the chief of police, and the alleged juvenile offender and his parents or legal guardians, not less than seven days prior to the date of the hearing.

(d)

Board proceedings shall be closed to the public, and the provisions of G.L. 1956, chapter 42-46 (G.L. 1956, § 42-46-1 et seq.) shall not apply to such proceedings. All records of proceedings, including records concerning the arrest, apprehension or detention of any juvenile offender, shall be withheld from public inspection, but such records shall be available to the parent, legal guardians or attorney of the juvenile for inspection.

(Code 1994, § 2-110)