[HISTORY: Adopted by the Town Council of the Town of Glocester 12-16-1999,
effective 1-11-2000 (Ch. I, § 6, 1-06-02, of the 1991 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Rules of procedure for boards and commissions — See Ch. 392.
There is hereby established within the Towns of Foster and Glocester,
a regional Juvenile Hearing Board with the powers set forth in this chapter
and said statute for the purpose of hearing all cases referred to such Board
by the Chief of Police, or his designee, from the Towns of Foster and Glocester,
involving persons under the age of 18 years, who are charged with violating
the criminal laws of the State of Rhode Island and said towns, including wayward,
misdemeanor and status offenses and violations of local Town ordinances and
the provisions of R.I.G.L. § 16-19 regarding compulsory school attendance.
A.
Referrals to the Juvenile Hearing Board will be made by the Chief
of Police or his designee.
B.
Referral to said Juvenile Hearing Board shall not be
offered to any juvenile who:
(1)
Has been charged with the crime of assault or battery, unless
specifically approved by the Chief of Police of the Towns of Foster and Glocester;
(2)
Has been accused of a controlled substance offense, except
for the possession of alcohol, unless specifically approved by the Chief of
Police of the Town of Foster or Glocester;
(3)
Shall have been twice previously referred to said Board
or who shall have been once previously referred to said Board and refused
or failed to abide by the sanctions imposed or to make restitution recommended
by said Board; or
(4)
At the time of the alleged commission of such juvenile
offense was within the custody and control of the Family Court, not to include
guardianship matters.
The Board, after investigation, may refuse to hear any case in which
it appears that a juvenile was wrongfully referred in violation of this chapter
and the statute. In addition, the Board may refuse to hear any case in which
the juvenile refuses to supply the Board with requested information, fails
to appear when requested or refuses to cooperate with the proceedings of the
Board. The Board shall immediately notify the Chief of Police from the applicable
jurisdiction, in writing, of any case it refuses to hear, and the Chief of
Police shall take whatever further action he/she deems necessary, including
referral to Family Court.
A.
The Juvenile Hearing Board shall hear all cases referred
to it by the Chief of Police or his designee and shall determine whether there
is reasonable cause to believe that the person so referred has committed the
offense alleged and whether such person shall be disciplined as a result thereof.
A further condition of referral is that the juvenile admits to his/her involvement
in the incident and waives his/her rights pursuant to said statute. 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 may direct restitution, including,
without limiting the generality of the foregoing, an attempt to provide, with
cooperation of the Town Administrator or the Superintendent of Schools, suitable
service to the Towns of Foster and Glocester. 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.
B.
Sanctions imposed by the Board shall be for a period
of time not to exceed six months and may consist of, but not be limited to:
community service, reasonable restitution, direct work service for the victim,
letters of apology, curfews, referrals for counseling and intervention services,
alternative dispute resolution programs, driver's license restrictions, etc.
The sanctions or conditions set forth shall be in writing, clearly understood
by the juvenile and his or her parents/guardian and a signed copy shall be
provided to them. The specific sanctions shall be completed within 60 days
except with regard to school-related and counseling issues. If sanctions are
not agreeable to the juvenile or parents/guardian, the offense complaint shall
be returned to the referring person who in turn may refer the matter to Family
Court. If a referral is made to Family Court under such conditions, a notation
shall be included to inform the Court of the action of the Juvenile Hearing
Board to try to resolve the matter and the reasons why this was unsuccessful.
Likewise, if a juvenile fails to comply with the agreed-upon sanctions, without
good cause, the action of the Juvenile Hearing Board may be vacated and the
matter referred to Family Court with a notation to that effect. The Juvenile
Hearing Board shall provide the Chief Judge of the Family Court with an annual
report as to its activity.
The membership of the Regional Juvenile Hearing Board shall consist
of seven persons and two alternates over the age of 18 years of age, all of
whom shall have been residents of the respective towns for at least three
years, and none of whom shall be attorneys admitted to practice before the
Supreme Court of the State of Rhode Island. The Board shall consist of citizens
of Foster and Glocester who have a background in or related to the fields
of education, probation and parole, human services, community youth programs,
or who are members of the clergy, former law enforcement or judicial officials
or citizens whom the Council deems have the credentials that would be assets
to the Board. The Town Councils shall appoint seven members as follows: three
members from the Town of Foster, four members from the Town of Glocester.
The two alternates will be comprised of one Foster representative and one
Glocester representative. The Juvenile Justice Planning Committee shall be
asked to comment on all proposed appointments. Each Town Council shall appoint
a member whose term shall expire on September 30, 2000, and who shall serve
thereafter until his/her successor is appointed and qualified; a member whose
term shall expire on September 30, 2001, and who shall serve thereafter until
his/her successor is appointed and qualified; and three members, two from
Glocester and one from Foster, whose terms shall expire on September 30, 2002,
and who shall serve thereafter until their successors are appointed and qualified.
The two alternates shall be appointed for a period of one-year terms to expire
on September 30. During the month of August and annually thereafter, the Foster
and Glocester Town Councils shall appoint a member or members to succeed the
member or members whose terms will next expire, to serve for a term of three
years, commencing on the first day of October, and thereafter until their
successors are appointed and qualified. 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 Regional Juvenile
Hearing Board shall be entitled to receive any compensation by reason of his
or her service on the Board.
This chapter shall apply to all juveniles alleged to have committed
an offense after December 16, 1999, effective January 11, 2000.
