[HISTORY: Adopted by the Town Council of the Town of West Greenwich 10-13-1993 by Ord. No. 62. Amendments noted where applicable.]
CHARTER REFERENCES
Juvenile Hearing Board — See § 707.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Council of the Town of West Greenwich, pursuant to Rhode Island Public Laws 1993, Chapter 195, hereby establishes within the Town of West Greenwich (the "Town") a Juvenile Hearing Board with the powers set forth in this chapter and for the purposes and in accordance with Charter § 707.
Persons who are residents of the Town who are under the age of 18 may be referred to the Juvenile Hearing Board if the offense is one which, if committed by adult, would be a misdemeanor; provided, however that no person shall be referred (a) who has been charged with the crime of assault or battery, or (b) who shall have been twice previously referred to the Juvenile Hearing Board, or (c) who has been previously referred and refused, or (d) who has failed to abide by previously imposed sanctions or made restitution previously recommended, or (e) who at the time of the commission of such juvenile offense shall be within the custody and control of the Family Court. 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 concerned and the community at large. No referral to the Juvenile Hearing Board shall be made by the Chief of Police until such person, together with his/her legal guardian, shall waive, in writing, such person's right to a hearing in the Family Court with respect to the offense charged; has agreed to guilt to the charged offense; and shall have agreed to abide by the decision of the Juvenile Hearing Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Juvenile Hearing Board shall consist of members appointed in accordance with Charter § 707.
B. 
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.
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 any charged offense. In any such proceeding, the Juvenile Hearing Board, prior to imposing sanctions, shall request the juvenile offender and his/her legal guardian 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.
A. 
The Juvenile Hearing Board shall meet not less than every other calendar month unless no cases are pending, in which case it shall next meet within 30 days of a referral by the Chief of Police.
B. 
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 legal guardian, 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/her behalf on the issue of sanctions.
C. 
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 of its members as its Chairman and one of its members as its Vice Chairman. In the absence of the Chairman, the Vice Chairman shall be the presiding officer. A majority of the members shall be required to take any action. All matters and sanctions imposed by the Juvenile Hearing Board will be permanently sealed upon completion of the sanction imposed and/or completion of payment of all restitution mandated by the Juvenile Hearing Board.
D. 
The Juvenile Hearing Board shall have the power from time to time to draft rules governing its proceedings consistent with its duties or to amend or repeal any rules theretofore adopted.