The text
(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)