ARTICLE III. - JUVENILE HEARING BOARD
Part of the Code of Ordinances of West Warwick, RI.
The text
Sec. 14-67. - Establishment.#
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 such board by the juvenile division of the police department, with respect to persons resident in the town under the age of 18 years who are charged with violating the criminal laws of the state or the town.
(Code 1970, § 14-40; Res. of 3-1-1988)
Sec. 14-68. - Referral.#
(a)
Persons who are residents of the town who are under the age of 18 years may be referred to the juvenile hearing board established herein 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 who:
(1)
Was charged with the crime of assault or battery;
(2)
Shall have been twice previously referred to the juvenile hearing board or shall have been once previously referred and refused or failed to abide by the sanctions imposed or make the restriction recommended; and/or
(3)
At the time of the commission of such juvenile offense, shall be within the custody and control of the family court.
(b)
The juvenile division of the town police department may offer referral to the juvenile hearing board of 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 guardian, shall have, in writing, waived such person's right to a hearing in the family court with respect to the offense charged, shall have agreed to guilt and shall have agreed to abide by the decision of the juvenile hearing board.
(Code 1970, § 14-41; Res. of 3-1-1988)
Sec. 14-69. - Composition; terms; compensation.#
(a)
The membership of the juvenile hearing board shall consist of five persons over the age of 18 years to be appointed by the town council, all of whom shall have been a resident for at least three years within the town, and none of whom shall be attorneys admitted to practice in the state.
(b)
Members shall serve staggered three-year terms. Annually during the month of November, the town council shall appoint a member to succeed the member whose term will then next expire, to serve for a term of three years, commencing on December 1, and continuing until his successor is appointed and qualified.
(c)
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.
(d)
No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his service on the board.
(Code 1970, § 14-42; Res. of 3-1-1988)
Sec. 14-70. - Alternate members.#
In addition to the five standing members, the town council shall annually appoint two alternates to be designated as the first and second alternate members. These alternate members shall meet the same qualifications as a regular member. 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 and the second alternate shall vote if two 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. The alternate members shall exercise the same duties and functions of a regular member when serving on the board and may be removed from the office by the town council in the same manner as a regular member.
(Code 1970, § 14-42.1; Res. No. 97-150, 6-3-1997)
Sec. 14-71. - Duties.#
The juvenile hearing board shall hear all cases referred to it by the juvenile division 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. In any such proceeding, the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his parents to agree to the sanctions imposed and the amount of restitution and the manner of making the same. In ordering restitution, the juvenile hearing board shall take into account the juvenile offender's ability to pay and the amount of actual damage caused as a result of the commission of such offense.
(Code 1970, § 14-43; Res. of 3-1-1988)
Sec. 14-72. - Meetings; officers.#
(a)
The juvenile hearing board shall meet not less than once each month. It shall give notice of the date and time of the meetings to the juvenile division and the juvenile offender and his parents not less than seven days prior to the date of the hearing. Any juvenile offender may be represented by counsel and present evidence in his behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public.
(b)
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 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.
(Code 1970, § 14-44; Res. of 3-1-1988)