The text
(a)
Persons who are under the age of 18 may be referred to the juvenile hearing board, established in this article, which shall have concurrent jurisdiction with the family court 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 the commission of such juvenile offense shall be within the custody and control of the family court.
The juvenile hearing board may also, with the express written consent of the chief justice of the family court, hear and dispose of offenses that constitute felony offenses or a felony offense that has been amended to a misdemeanor offense.
(b)
The juvenile division of the town police department may offer referral to the juvenile hearing board any other juvenile offender where, in the opinion of the juvenile division, 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 juvenile division 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, has agreed to guilt, and shall have agreed to abide by the decision of the juvenile hearing board.
(Code 1986, § 2-401; Ch. 690, § 1, 10-7-1991; Ch. 805, § 1(2-401), 1-16-2001)