DIVISION 8. - JUVENILE HEARING BOARD

Sec. 2-179. - Established.#

There is hereby established within the city a juvenile hearing board with the powers set forth in this division for the purpose of hearing all cases referred to such board by the chief of police of the city with respect to persons resident in the city, ages ten to 17, who are charged with violating the criminal laws of the state, or the city.

(Rev. Ords. 1987, § 2-179; Ch. 604, § I, 6-3-14)

Sec. 2-180. - Referral.#

(a)

No person who is a resident of the city 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 in this division, 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;

(3)

Who at the time of commission of such juvenile offense shall be within the custody and control of the family court; and/or

(4)

Where the juvenile prosecution officer determines the referral is inappropriate for this particular juvenile.

(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 rights to a hearing in the family court with respect to the offense charged, shall have admitted to guilt, and shall have agreed to abide by the decision of the juvenile hearing board.

(Rev. Ords. 1987, § 2-180; Ch. 604, § II, 6-3-14)

Sec. 2-181. - Composition of board.#

The membership of the juvenile hearing board shall consist of five persons over the age of 21 years to be appointed, after consultation with the chief of police, by the mayor, subject to approval of the majority of the city council. All appointees shall be residents of city and who shall serve for a three-year term, but no appointee shall serve more than two three-year terms but shall remain as a member until a successor is 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.

In addition to the five standing members, the mayor shall appoint three alternates with the approval of the majority of the council to be designated as the first, second and third alternate members. All alternates shall serve for a term of three years. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the board is unable to serve at a hearing, the second alternate shall vote if two members of the board are unable to serve at a hearing, and the third alternate shall vote if three members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. In the absence of the second alternative, the third alternate member shall serve in the position of the second alternate. The alternate members shall exercise the same duties and functions of a regular member when serving on the board and may be removed from office by the city council in the same manner as a regular member.

(Rev. Ords. 1987, § 2-181; Ch. 604, § III, 6-3-14; Ch. 760, § I, 2-18-20)

Sec. 2-182. - Duties of board.#

The juvenile hearing board shall hear all cases referred to it by the chief of police. If after such referral the person before the juvenile hearing board shall not admit guilt, such case shall be referred back to the chief of police for presentation to the family court for prosecution. In all cases heard by the juvenile board, it shall determine what discipline or other remedial action shall be imposed upon the person before it. In making such determination, the juvenile hearing board shall not be bound by the customary rules of evidence, and may consider all probative and relevant evidence whether or not such evidence would be admissible in a court of competent jurisdiction. The juvenile hearing board shall impose sanctions (other than incarceration) and may direct restitution for any injuries resulting from the commission of such offense to which guilt has been admitted. In those cases in which the board orders restitution/community service, it shall attempt to assist the juvenile offender and his/her parents in providing a means whereby the offender may complete such restitution/community service, including without limiting the generality of the foregoing, attempting to provide, with cooperation of the mayor or the superintendent of schools, suitable community service opportunities by the city. In any such proceeding, the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his/her parents to agree to the sanctions imposed, and the amount of restitution/community service and manner of making such restitution/performing such community service. In ordering restitution/community service, the juvenile hearing board shall take into account the juvenile offender's ability to pay/comply, and the amount of actual damage caused as a result of the commission of such offense.

(Rev. Ords. 1987, § 2-182; Ch. 604, § IV, 6-3-14; Ch. 877, § I, 6-6-23)

Sec. 2-183. - Meetings of the board.#

The juvenile hearing board shall meet not less than once each month. The juvenile prosecution officer shall give notice of the matters to be heard to the board, to the chief of police, and the juvenile offender and his/her parents, 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. Matters heard before the juvenile hearing board are confidential and the provisions of the Rhode Island Open Meetings Act shall not apply to such proceedings. The juvenile hearing board shall elect one from its members as its chair, and one as its vice-chair. In the absence of the chair, the vice-chair 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, subject to the approval of the city council.

(Rev. Ords. 1987, § 2-183; Ch. 604, § V, 6-3-14; Ch. 708, § I, 5-15-18)