[HISTORY: Adopted by the Town Council of
the Town of Charlestown 1-11-1999 by Ord. No. 213. Amendments noted where
applicable.]
The purpose of this Ordinance is to promote
the public health, safety, morals, and general welfare of the citizens
of the Town of Charlestown.
Pursuant to § 45-2 of the Rhode Island
General Laws, a Juvenile Hearing Board shall be established in the
Town of Charlestown 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 eighteen (18) who
are charged with violating the criminal laws of the State of Rhode
Island or the Town of Charlestown.
A.
Persons who are under the age of eighteen (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 the 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;
or
(3)
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 also refer to the Board any other juvenile
offender if, 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 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 membership of the Charlestown Juvenile Hearing
Board shall consist of five (5) regular members and two (2) alternates
who shall be residents of the Town of Charlestown over the age of
eighteen (18).
[Amended 7-9-2012 by Ord.
No. 351]
B.
The members of the Board shall be appointed by majority
vote of the Town Council.
C.
The term of appointment for members of the Board shall
be for three (3) years, except that the initial appointments shall
be for less than three (3) years, thereby staggering the initial appointment.
Appointed members of the Board shall be eligible
for reappointment, and upon expiration of their term shall continue
to serve until replaced or reappointed. In the event of a vacancy
on the Board, interim appointments of appointed members may be made
by the Town Council to complete the unexpired term of the vacant position.
A.
The Juvenile Hearing Board shall meet not less than
once each month. It shall give notice of date and time of meetings
to the Juvenile Division, the juvenile offender and his/her guardians,
not less than seven days prior to the date of the hearing. A majority
of the members of the Juvenile Hearing Board shall constitute a quorum,
and its proceedings shall be closed to the public. All Juvenile Hearing
Board matters are confidential.
B.
The Juvenile Hearing Board shall elect one from 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. 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 therefor adopted.
The Ordinance shall apply to all juveniles alleged
to have committed an offense after the date of enactment. This Ordinance
shall take effect and be made part of the Code of Ordinances of the
Town of Charlestown, Rhode Island, upon its passage and all ordinances
and parts of the Code of Ordinances of the Town of Charlestown, Rhode
Island, inconsistent herewith, are hereby repealed.
