[Adopted 4-8-1991 by Ord. No. 2-91-0174 (Ch. 2, Art. IV, Div. 5, of the 1991 Code)]
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
Chief of Police of the Town with respect to persons resident in the
Town, under the age of 18, who are charged with violating the criminal
laws of the state or the Town.
A.
No person who is a resident of the Town 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
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:
(1)
Charged with the crime of assault or battery; or
(2)
Who shall have been twice previously referred to the
Juvenile Hearing Board or has 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 commission of such juvenile offense
shall be within the custody and control of the family court.
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.
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 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.[1]
[Amended 3-10-2003 by Ord. No. 2-03-0236]
A.
The membership of the Juvenile Hearing Board shall
consist of seven persons over the age of 18 years to be appointed
by the Town Council of the Town, all of whom shall have been resident
for at least three years within the Town and none of whom shall be
attorneys admitted to practice before the Supreme Court of the state.
The Town Council shall appoint one member whose term shall expire
on December 1, 1991, and thereafter until their successor is appointed
and qualified, two members whose terms shall expire on December 1,
1992, and thereafter until their successors are appointed and qualified,
two members whose terms shall expire on December 1, 1993, and thereafter
until their successors are appointed and qualified, and two members
whose terms shall expire on December 1, 2003, and thereafter until
their successors are appointed and qualified. During the month of
November 1991, and annually thereafter, the Town Council shall appoint
a member or members to succeed the member or members whose terms will
then next expire, to serve for a term of three 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.
B.
No member of the Juvenile Hearing Board shall be entitled
to receive any compensation by reason of his or her service on the
Board.
The Juvenile Hearing Board shall hear all cases
referred to it by the Chief of Police and shall recommend sanctions
(other than incarceration) and shall direct restitution for any injuries
resulting from the commission of such offense. In those cases in which
the Board shall order restitution, it shall attempt to assist the
juvenile offender and his parents in providing a means whereby the
offender may make such restitution, including, without limiting the
generality of the foregoing, attempting to provide the agreement of
the Town Manager or the Superintendent of Schools to suitable employment
by the Town. 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 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.
The Juvenile Hearing Board shall meet not less
than once each month. It shall give notice of the matters to be heard
before it, to the Chief of Police, the Juvenile Officer and the juvenile
offender and his/her parents, not less than seven days prior to the
date of the hearing. Any juvenile offender shall be entitled to 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 except that the
Juvenile Hearing Board may, with the consent of such juvenile and
his/her legal guardians, transact its business in public. The Juvenile
Hearing Board shall elect one from its members as its Chairman and
one 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.
