[Ord. No. 97-15, § 1, 6-4-1997]
This division shall be known and may be cited as "The Cumberland
Juvenile Hearing Board Act."
[Ord. No. 97-15, § 2, 6-4-1997]
Pursuant to the specific enabling legislation provided in the
Rhode Island General Laws, and for the purpose of promoting the public
health safety, morals or general welfare, a juvenile hearing board
shall be established in the Town for the purpose of hearing all cases
referred to it by the juvenile division of the police department or
the Chief of Police with respect to persons under the age of 18, who
are charged with violating the laws of the state, or the Town. Said
board shall be called the Cumberland Juvenile Board.
[Ord. No. 97-15, § 3, 6-4-1997; Ord. No. 01-35, § 1, 10-17-2001; Ord. No. 05-07A, § 1, 4-6-2005]
(a)
The membership of the Cumberland Juvenile Hearing Board (the board)
shall consist of seven electors of the Town over the age of 18 years.
There shall be one elector chosen from each of the five Council districts
and two from at large. The Town is an equal opportunity/affirmative
action employer. All positions of the juvenile hearing board will
be filled without regard to race, color, religion, national origin,
sex, age, veteran status, or disability. Available positions on the
board shall be advertised, by the Town Clerk, in at least one local
newspaper, and be posted in at least three locations in the Town and
on the Town and police department website. The notice shall contain
a summary of the board's duties, the qualifications and/or experience
required and shall notify interested persons to submit a letter of
interest and a resume providing information about the candidates'
qualifications and/or experience to serve on the board to a specified
address, by a specified deadline. A panel consisting of three persons
shall be formed to screen, interview and recommend all applicants
for the board. The panel shall consist of the Town police department
juvenile officer, one member of the juvenile hearing board, selected
by the chairperson of the board, and the Chief of Police, or his or
her designee.
(b)
The members of the board shall be appointed by the Mayor, with the
approval of the Town Council, from among a list of qualified candidates
submitted to the Mayor by the interview panel.
(c)
The term of appointment for members of the board shall be for three
years except that the initial appointments shall be for less than
three years, thereby staggering said initial appointments.
(d)
Appointed members of the said board shall be eligible for reappointment, and upon expiration of their term shall continue to serve until replaced or otherwise reappointed. In the event of a vacancy on the board, interim appointments of appointed members may be made by the Mayor to complete the un-expired term of the vacant position, subject to the provisions of Subsection (a) above, with the approval of the Town Council.
(e)
The composition of the board shall consist of citizens of the Town
who have a background in the related fields of education, probation,
parole, human services, community youth services, members of the clergy,
law enforcement or judicial officials, or a citizen who the Council
deems has the credentials that would be an asset to the board. No
member shall be an elected official in any capacity, or belong or
be appointed to any partisan organization in any city or Town. No
member of the board shall be entitled to receive any compensation
by reason of his or her service on the board.
[Ord. No. 97-15, § 4, 6-4-1997]
(a)
Person 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 offense is one which is committed by an adult,
would be a misdemeanor; provided however, that this requirement shall
not apply in the case of any person:
(i)
Who have twice previously been referred to the board or have
been once previously referred and refused or failed to abide by the
sanctions imposed or make the restitution recommended; and
(ii)
Also at the time of the alleged commission of such offense shall
be within the custody and control of the family court, not to include
guardianship matters.
(b)
The juvenile division of the police department or the Chief of Police
may refer to the board any other juvenile offender where in the opinion
of the juvenile division or the Chief of Police such referral would
be beneficial to the juvenile concerned and the community at large.
(c)
No referral to the board shall be made until such person, together
with his/her legal guardians and/or legal representative shall have
in writing waived such person's right to a hearing in the family court
with respect to the offense charged, has admitted to the alleged offense,
and shall have agreed to abide by the decision of the board.
[Ord. No. 97-15, § 5, 6-4-1997]
(a)
The board shall be authorized to hear all cases referred by the juvenile
division of the police department, or the Chief of Police, and to
recommend sanctions, other than incarceration. The sanctions imposed
by the board shall not exceed six months, and may consist of, but
need not be limited to:
(b)
In any such proceedings, the board, prior to imposing sanctions,
shall request the juvenile offender and his/her parents or legal guardians
to agree to the sanctions imposed, the amount of restitution and the
manner of making the same. In ordering restitution, the 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 offenses.
[Ord. No. 97-15, § 6, 6-4-1997]
The Cumberland Juvenile Hearing Board shall meet not less than
once each month. It shall give written notice of matters to be heard
before it to the Chief of Police, the juvenile officer, and the juvenile
offender and his/her parents. This notice shall be no less than seven
days prior to the date of the hearing.
(a)
In its notice to the juvenile, the hearing board will advise the
juvenile of the time and place of the hearing, the nature of the offense
and the right to counsel before the board.
(b)
A majority of the members of the board shall constitute a quorum,
and proceedings shall be closed to the public except that the juvenile
hearing board may, with the consent of such juvenile, and their legal
guardians, transact its business in public.
(c)
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.
(d)
All meetings of the board shall be closed to the public. All records
of the meetings, as well as dispositions shall be kept confidential.
All records of board action shall be destroyed when the juvenile turns
18.
(e)
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 therefore adopted. The board shall compile a progress report
yearly and shall forward said report to the Mayor, Town Council, and
the chief judge of the Rhode Island Family Court.
[Ord. No. 97-15, § 7, 6-4-1997]
This act shall take effect upon passage and shall apply to all
juveniles alleged to have committed an offense after the date of enactment.
