The text
Footnotes:
--- (10) --- Editor's note— Ord. of 1-6-03, § 1, did not specifically amend the Code. Hence, its inclusion herein as article VI, sections 2-251—2-256, was at the discretion of the editor.
Sec. 2-251. - Established.#
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 said board by the prosecution office of the Rhode Island State Police and/or the West Greenwich Police Department, with respect to the persons resident and/or arrested within the town, who are under the age 18, who are charged with violating the criminal laws of the State of Rhode Island or the town.
(Ord. of 1-6-03(1); Amend. of 6-5-17)
Sec. 2-252. - Membership.#
The membership of the juvenile hearing board shall consist of at least five regular and two alternate members, with no more than seven persons who are over the age of 18 years, to be appointed by the town council, all of whom shall be residents within the town. The town council shall appoint members for a period of service for three years provided that initial appointments shall be staggered with two members appointed for one year and three members appointed for two years and two members appointed for three years. Appointed members of the board shall be at the discretion of the town council, be eligible for reappointment, and shall continue to serve until replaced or reappointed. In the event of a vacancy on the board, interim appointments may be made by the town council to complete the unexpired term of a vacant position. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his or her service on the board.
(Ord. of 1-6-03(1); Amend. of 6-5-17)
Sec. 2-253. - Referral.#
Persons who are residents of the town or arrested within the town or EWG school district, who are under the age of 18, may be referred to the juvenile hearing board established herein. if the offense is one that, if committed by an adult would be a misdemeanor; provided, however, this requirement shall not apply in the case of a person who: (1)
Has been charged with the offense of assault or battery, unless otherwise decided on a case-by-case basis by the Rhode Island State Police or the West Greenwich Police Department;
(2)
Has been twice previously referred and refused or failed to abide by the sanctions imposed or make the restitutions recommended; and
(3)
At the time of the commission of such juvenile offense shall be within the custody and control of the Rhode Island Family Court.
The prosecution office of the Rhode Island State Police or the West Greenwich Police Department may offer referral to the juvenile hearing board any other juvenile offender where in the opinion of the Rhode Island State Police or the West Greenwich Police Department prosecution office, 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 prosecution office until such person, together with his/her legal guardian(s) and/or legal representative, shall have waived in writing said person's right to a hearing in the Rhode Island Family Court with respect to the offense charged, for the purpose of the juvenile hearing board hearing. Said person shall have already agreed to guilt and shall have agreed to abide by the decision of the Exeter Juvenile Hearing Board.
(Ord. of 1-6-03(1); Amend. of 6-5-17)
Sec. 2-254. - Duties.#
The Exeter Juvenile Hearing Board shall hear cases referred to it by the Rhode Island State Police or the West Greenwich Police Department prosecution office and shall recommend sanctions (other than incarceration) and shall direct restitution for any injuries and/or damages where appropriate, resulting from the commission of such offense. 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; and/or
(5)
Denial or revocation of the juvenile's driving privileges for a period of up to two years. In any proceeding, the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his/her parents or legal guardians to agree to the sanctions imposed and the amount of restitution and manner of making same. In ordering restitution, the juvenile hearing board shall take into account the amount of actual damage caused as the result of the commission of such offense and the juvenile offender's ability to pay.
(Ord. of 1-6-03(1); Amend. of 6-5-17)
Sec. 2-255. - Meetings.#
The juvenile hearing board shall meet once each month as is necessary. The juvenile hearing board shall elect one of its members as its chairperson and one as its vice-chairperson. In the absence of the chairperson, the vice-chairperson shall be the presiding officer. A majority of the regular board's membership shall constitute a quorum and 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 rules therefore adopted to carry out its functions under this article.
The juvenile hearing board shall give notice of the date and time of meeting to the juvenile hearing board members, the offender, and his/her parents or guardians, no less than seven days prior to the date of the hearing. Any juvenile offender may be represented by counsel and may present evidence in his or her behalf. All juvenile hearing board matters are confidential and its proceedings shall be closed to the public. All matters and sanctions imposed by the juvenile hearing board will be permanently sealed upon completion of the sanctions imposed and/or upon completion of payment of all restitution mandated by the juvenile hearing board, but such records shall be available to the parent, legal guardians, or attorney of the juvenile for inspection. The juvenile's confidential records are not to be copied under any circumstances to maintain confidentiality. All records and case information must be returned to the hearing board's chairman at the time of case final disposition. All case information on board member's personal electronic devices must be deleted after the final hearing.
(Ord. of 1-6-03(1); Amend. of 6-5-17)
Sec. 2-256. - Effective date.#
This article shall apply to all juveniles alleged to have committed an offense after the date of its enactment.
(Ord. of 1-6-03(1); Amend. of 6-5-17)