ARTICLE 37. - ENACTING AN ORDINANCE TO ESTABLISH A JUVENILE HEARING BOARD

Sec. 1. - Purpose of ordinance; provisions.#

For the purpose of promoting the public health, safety, morals or general welfare, the town council of the Town of West Warwick shall have the power in accordance with the provisions of this act within the limits of said town, by ordinance, to pass, ordain, establish and amend an ordinance to establish a juvenile hearing board.

Without limiting the generality of the aforementioned, such ordinance may include the following provisions: (1)

Establishment of juvenile hearing board. There is hereby established within the Town of West Warwick a juvenile hearing board with the powers set forth in this ordinance 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 of West Warwick, under the age of eighteen (18) [years], who are charged with violating the criminal laws of the State of Rhode Island or the Town of West Warwick.

(2)

Referral to juvenile hearing board. Persons who are residents of the Town of West Warwick, who are under the age of eighteen (18) [years] may be referred to the juvenile hearing board, established herein, 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:

(a)

Charged with the crime of assault or battery; or

(b)

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

(c)

Who, at the time of the commission of such juvenile offense, shall be within the custody and control of the family court.

The juvenile division of the West Warwick 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 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.

(3)

Composition of juvenile hearing board. The membership of the juvenile hearing board shall consist of five (5) persons over the age of eighteen (18) years, to be appointed by the town council of the Town of West Warwick, all of whom shall have been a resident for at least three (3) years within the Town of West Warwick, and none of whom shall be attorneys admitted to practice before the supreme court of the State of Rhode Island. The town council shall appoint one (1) member whose term shall expire on December 1, 1989; and, thereafter, until his/her successor is appointed and qualified, two (2) members whose term shall expire on December 1, 1990; and, thereafter, until their successors are appointed and qualified, two (2) members whose terms shall expire on December 1, 1991; and, thereafter, until their successors are appointed and qualified. During the month of November 1989, and annually thereafter, the town council shall appoint a member to succeed the member or members whose terms will then next expire to serve for a term of three (3) years, commencing on the first day of December, and, thereafter, until their successors are 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 or her service on the board.

(4)

Duties of juvenile hearing board. The juvenile hearing board shall hear all cases referred to it by the juvenile division and shall recommend sanctions (other than incarceration), including, but not limited to, fines (up to a maximum of fifty dollars ($50.00)) and community service 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/her parents or legal guardians 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.

(5)

Juvenile hearing board meetings. The juvenile hearing board shall meet not less than once each month. It shall give notice of date and time of meetings to the juvenile division and the juvenile offender and his/her parents not less than seven (7) days prior to the date of the hearing. Any juvenile offender may be represented by counsel and present evidence in his/her behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public.

The juvenile hearing board shall elect one (1) from its members as its chairman and one (1) as its vice chairman. In the absence of the chairman, the vice chairman 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.

(Laws 1988, ch. 88-54, § 1)

Sec. 2. - To whom applicable; effective date; repeal.#

This act shall apply to all juveniles alleged to have committed an offense after the date of its enactment and shall take effect and be made a part of the Code of Ordinances, Town of West Warwick, Rhode Island; upon its passage and all ordinances and parts of the Code of Ordinances, Town of West Warwick, Rhode Island, inconsistent herewith are hereby repealed.

(Laws 1988, ch. 88-54, § 2)