[HISTORY: Adopted by the Town Council of the Town of Barrington 10-11-1978 (Ch. I, Sec. 10, of Title Five of the 1965 Code). Amendments noted where applicable.]
RHODE ISLAND GENERAL LAWS (AS AMENDED)
Liability of parents for restitution — See § 12-19-33.
Police Department — See Ch. 41 and Title 10 of the Charter.
There is hereby established within the Town of Barrington a Juvenile Hearing Board with the powers set forth in this chapter for the purpose of hearing all cases referred to such Board by the Chief of Police of the Town of Barrington with respect to persons resident in the Town of Barrington, under the age of eighteen (18), who are charged with violating the criminal laws of the State of Rhode Island or the Town of Barrington.
[Amended 7-11-1988 by Ord. No. 88-6; 12-9-1991 by Ord. No. 91-20]
The membership of the Juvenile Hearing Board shall consist of five persons, one alternate person and a Town Council liaison who may participate without voting privileges, to be appointed by the Town Council of the Town of Barrington, all of whom shall have been residents for at least three years within the Town of Barrington, over the age of 18 years. The Town Council shall appoint two members whose terms shall expire on November 30, 1979, and thereafter until their successors are appointed and qualified, two members whose terms shall expire on November 30, 1980, and thereafter until their successors are appointed and qualified and two members whose terms shall expire on November 30, 1981, and thereafter until their successors are appointed and qualified. During the month of November 1979 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. The Council liaison shall be appointed following each general election or at such other time as the Town Council may decide.
[Amended 4-2-2018 by Ord. No. 2018-5]
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.
The Juvenile Hearing Board shall hear all cases referred to it by the Chief of Police and shall determine whether there is reasonable cause to believe that the person so referred has committed the offense alleged and whether such person should be disciplined as a result thereof. In making such determination, the Juvenile Hearing Board shall not be bound by the customary rules of evidence and may consider all probative and relevant evidence whether or not such evidence would be admissible in a court of competent jurisdiction.
In those cases in which the Juvenile Hearing Board shall determine that there is reasonable ground to believe that the offense was committed by the person so charged and that such person should be disciplined, it 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 by providing a means whereby the offender may make such restitution, including, without limiting the generality of the foregoing, attempting to provide, with the cooperation of the Town Manager or the Superintendent of Schools, suitable employment by the Town of Barrington.
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.
[Amended 12-9-1991 by Ord. No. 91-20]
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 Youth Concerns Officer and the juvenile offender and his or her parents not less than seven (7) days prior to the date of the hearing. Any juvenile offender shall be entitled to be represented by counsel and present evidence in his or her behalf.
Three (3) 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 (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.