Pursuant to R.I.G.L. § 45-2, a Juvenile Hearing Board shall be established in the Town of Portsmouth for the purpose of hearing all cases referred to it by the Juvenile Division of the Portsmouth Police Department or the Chief of Police of the Town of Portsmouth, or his designee, with respect to persons under the age of 18 who are charged with violating the criminal laws of the State of Rhode Island or the Town of Portsmouth.
The membership of the Portsmouth Juvenile Hearing
Board (the Board) shall consist of five members who shall be qualified
electors of the Town of Portsmouth. In addition, there may be two
additional auxiliary members who shall/may serve as active members
at the request of the Chairperson of the Board in the event any regular
member or members are unable to serve at any hearing or proceeding.
The term of appointment shall be for three years,
except that the initial appointments may be for a term of less than
three years in order to stagger the appointments.
Appointed members of the Board shall be eligible to
be reappointed and, upon expiration of their terms, shall continue
to serve until another be appointed in their place or until reappointed.
Persons who are under the age of 18 years may be referred
to the Board, which shall have concurrent jurisdiction with the Rhode
Island Family Court, if the alleged act would support a finding of
waywardness or delinquency in the Family Court, including but not
limited to violation of compulsory school attendance laws or if such
act constitutes an offense which, if committed by an adult, would
be a misdemeanor; provided, however, that no referral shall be made
in the case of any person:
Who shall have been once previously referred to the
Board and refused or failed to abide by the sanctions imposed or to
have made the restitution recommended; or
Who shall, at the time of the commission of the offense,
be within the custody and control of the Rhode Island Family Court,
with the exception of guardianship proceedings.
The Juvenile Division of the Police Department, the
Chief of Police or his designee may order referral to the Board of
any other juvenile offender where, in the opinion of the Juvenile
Division or the Chief of Police or his designee, such referral would
be beneficial to the juvenile concerned or the community at large.
No referral to the Board shall be made until such
person, together with his/her legal guardian or legal representative,
shall have, in writing, waived such person's right to an initial hearing
in the Family Court with respect to the offense charged, has admitted
to the offense and has agreed to abide by the decision of the Board.
The Board shall be authorized to hear all cases referred
to it by the Juvenile Division of the Portsmouth Police Department,
the Chief of Police of the Portsmouth Police Department or his designee
and to impose and order sanctions other than incarceration. Sanctions
may include but are not limited to:
In any such proceedings, the Board shall, prior to
the imposition of any sanctions, request the juvenile offender and
his/her parents, legal guardians and legal representative to agree
to the sanctions imposed, the amount of restitution ordered and the
manner of making same. In ordering restitution, the Board shall consider
the juvenile offender's ability to pay and the amount of actual damages
caused as a result of the commission of the offenses.
A majority of the Board's members shall constitute
a quorum, and a majority of the members present shall be required
to take any action. Any juvenile offender may be represented by counsel
and may present evidence on his own behalf.
The Board shall have power from time to time to adopt
and publish any and all rules and regulations necessary to carry out
its functions under the provisions of this article.
The Board shall give notice of the date, time and
place of its meetings to the Juvenile Division of the Portsmouth Police
Department, the Chief of Police, or his designee, the juvenile offender
and his/her parents, legal guardians or legal representative not less
than seven days prior to the date of the hearing.
Board proceedings shall be closed to the public, and
the provisions of R.I.G.L. § 8-10-23.1 and other applicable
laws shall not apply to such proceedings. All records of proceedings,
including records concerning the arrest, apprehension or detention
of any juvenile offender, shall be withheld from public inspection,
but such records shall be available to the parent, legal guardian
or legal representative of the juvenile for inspection.