There is hereby established within the Towns of Johnston
and Smithfield a Regional Juvenile Hearing Board with the powers set
forth in this article for the purpose of hearing all cases referred
to such Board by the Chief of Police, or his designee, from the Towns
of Johnston and Smithfield with respect to persons resident in the
Town of Johnston and Smithfield, under the age of 18, who are charged
with violating the criminal laws of the State of Rhode Island, including
wayward, misdemeanor and status offenses and violations of local Town
ordinances.
Referrals to the Juvenile Hearing Board will be made
by the Chief of Police or his designee. Referral to said Juvenile
Hearing Board shall not be offered to any juvenile:
Who has been accused of drug offenses except for the
possession of alcohol, unless specifically approved by the Chief of
Police of the Towns of Smithfield or Johnston;
Who 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
The Board, after investigation, may refuse to hear
any case in which it appears that a juvenile was wrongfully referred
in violation of the Code. 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 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 Town of Johnston
or Smithfield, in writing, of any case it refuses to hear, and the
Chief of Police shall take whatever further action that is deemed
necessary, including referral to Family Court.
Composition. The membership of the Regional Juvenile
Hearing Board shall consist of seven persons and two alternates over
the age of 18 years, all of whom shall be a resident of at least three
years. The composition of the Board shall consist of citizens of Smithfield
and Johnston who have a background in and of the related fields of
education, probation and parole, human services, community youth programs,
members of the clergy, former law enforcement or judicial officials
or citizens whom the Council deems have the credentials that would
be an asset to the Board.
The Town Councils shall appoint seven members as follows:
three members from the Town of Smithfield, three members from the
Town of Johnston and one member from the Tri-Town Community Action
Agency. The Juvenile Justice Planning Committee shall comment on all
proposed appointments. The two alternates will be comprised of one
Smithfield representative and one Johnston representative.
The Smithfield Town Council shall approve one member whose term shall expire on September 30, 1997, and thereafter until his or her successor is appointed and qualified; one member whose term shall expire on September 30, 1998, and thereafter until his or her successor is appointed and qualified; and one member whose term shall expire on September 30, 1999, and thereafter until his or her successor is appointed and qualified. The appointee for the Tri-Town Community Action Agency shall be approved by both the Johnston and Smithfield Town Councils, and his or her term shall expire on September 30, 2014. The two alternates, as referenced in § 9-29A(1), shall be appointed for a period of one-year terms to expire on September 30, except for that the appointee from Johnston shall be appointed for a period of three years.
During the month of August and annually thereafter,
the Smithfield and Johnston 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.
The
terms of the current members appointed by the Johnston Town Council
shall expire on January 31, 2012. The Johnston Town Council shall
appoint one member whose term shall expire on September 30, 2015,
and thereafter until his or her successor is appointed and qualified;
one member whose term shall expire on September 30, 2016, and thereafter
until his or her successor is appointed and qualified; and one member
whose term expires on September 30, 2017, and thereafter until his
or her successor is appointed and qualified.
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
agrees to his involvement in the incident and waives his rights.
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 in
providing a means whereby the offender may make such restitution,
including, without limiting the generality of the foregoing, an attempt
to provide, with the cooperation of the Mayor of the Town of Johnston
or the Town Manager of the Town of Smithfield or the Superintendent
of Schools, suitable employment by the Towns of Johnston and Smithfield.
In any such proceeding the Juvenile 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.
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, alternative dispute resolution programs, driving
license, 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 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 which in turn may refer 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 reason 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.
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 parents, not less than 10 days prior to the date
of the hearing. Said notice shall set forth the following:
The Hearing Board shall be cognizant of the immaturity
of youthful offenders and adopt a "paren patrige" approach toward
the juvenile by taking into consideration his/her age, culture, attitude,
home and school behavior, and parental input.
A majority of the members of the Juvenile Hearing
Board shall constitute a quorum and its proceedings shall be closed
to the public except that the juvenile hearing may, with the consent
of such juvenile, and his/her legal guardians, transact its business
in public.
The Juvenile Hearing Board shall elect one from its
members as its Chairman, and one as its Vice Chairman and one as its
Secretary. In the absence of the Chairman, the Vice Chairman shall
be the presiding officer.
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.