[Approved 11-12-1993 as Ch. No. 2325]
This Article shall be known and may be cited
as the "Pawtucket Juvenile Hearing Board Act."
Pursuant to the specific enabling legislation[1] 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 City
of Pawtucket 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 of Rhode Island or the City of Pawtucket. Said
board shall be called the "Pawtucket Juvenile Board."
[1]
Editor's Note: See P.L. 93-174.
A.
The membership of the Pawtucket Juvenile Hearing Board
(the Board) shall consist of not less than seven electors of the City
of Pawtucket over the age of 18 years. There shall be one elector
chosen from each of the six councilmatic districts and one from at
large. There shall be at least one elector under the age of 25 at
the time of his/her appointment. The members of the Board shall consist
of a cross section of the city's demographic make up.
B.
The members of the Board shall be appointed by the
Mayor, with the approval of the majority of the members of the City
Council.
[Amended 2-23-1995 by Ch. No. 2378]
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, hereby staggering said initial appointments.
D.
Appointed members of the 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 unexpired term of the vacant position.
A.
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 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 offense of simple assault.
(2)
Who shall have been twice previously 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.
(3)
Also at the time of the alleged commission of such
offense shall be within the custody and control of the family court.
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.
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 impose and order sanctions other than incarceration.
Such sanctions may include, but are not limited to:
(1)
Fines up to a maximum of $100 for each offense charged.
(2)
Community service.
(3)
Restitution for any injuries and/or damages, where
appropriate, resulting from the commission of any offense.
(4)
Imposition of a reasonable curfew.
(5)
Denial or revocation of the juvenile's driving privileges
for a period of up to two years.
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 manner of making the same. In ordering restitution,
the Board shall take into account the juvenile offender's ability
to pay and amount of actual damage caused as a result of the commission
of such offenses.
A majority of the Board's membership 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 in his or her behalf.
The Board shall have the power from time to
time to adopt and publish all rules and regulations necessary to carry
out its function under the provisions of this article.
The Board shall give notice of the date and
time of meeting to the Juvenile Division of the Police Department
or the Chief of Police, and the alleged juvenile offender and his
or her parents or legal guardians, not less that 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. § 42-42-6 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 guardians or attorney of the juvenile
for inspection.
This Article shall take effect upon passage
and shall apply to all juveniles alleged to have committed an offense
after the date of enactment.
