[Adopted 3-21-2000 by Ord. No. 00-1]
A.
There is hereby established within the Town of Lincoln
a Juvenile Hearing Board with the powers set forth in this article
for the purpose of hearing all cases referred to such a Board by the
Chief of Police, or his designee, that such persons from the Town
of Lincoln 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.
B.
The Chief of Police or his designee will make referrals
to the Juvenile Hearing Board. Referrals to said Juvenile Hearing
Board shall not be offered to any juvenile:
(1)
Who has been charged with any offense which has a
penalty greater than one year period of incarceration and/or where
the Legislature has determined the charge to be a felony as defined
under Rhode Island General Laws.
(2)
Who has been referred to the Juvenile Board within
the last 18 months or who has been referred twice before to the Hearing
Board.
(3)
Who, at the time of commission of such offense, was within the custody and control of the Family Court pursuant to a Petition of Delinquency and Waywardness, as defined in Family Court Rules of Juvenile Procedures and Title 14, Chapter 1, of the Rhode Island General Laws or where the Juvenile Hearing Board determines that it is in the best interest of the juvenile to be referred to Family Court.
A.
The Chief of Police or his designee shall refer to the Board any juvenile offender whose offense falls within the criteria as defined in § 5-25.
B.
No referral to the Board shall be made until person,
together with his/her legal guardian 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.
Once the Board determines that the person should be disciplined, it
shall recommend sanctions (other than incarceration) and shall 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 employment by the Town
of Lincoln. In any such proceeding the Juvenile Hearing Board, prior
to imposing sanctions, shall request the juvenile offender and his
or her parents/guardians 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.
C.
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 services
for the victim, letters of apology, curfews, referrals for counseling
and intervention services, alternative dispute resolution programs,
driving license restrictions, etc. The sanctions or conditions set
forth shall be in writing, clearly understood by the juvenile and
his or her parents/guardians, and a signed copy provided to him or
her. 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/guardians, 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 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.
A.
The membership of the Lincoln Juvenile Hearing Board
shall consist of five persons and two alternates over the age of 18
all of whom shall be residents of Lincoln for at least three years.
B.
The selection process is as follows:
(1)
The positions will be advertised for prospective members
with backgrounds in the related fields of education, probation, parole,
human services, community youth services, members of the clergy, law
enforcement or judicial officials, or a citizen who the Council deems
has the credentials that would be an asset to the Board. No member
of the Board shall be entitled to any compensation by reason of his
or her service on the Board. All positions of the Juvenile Hearing
Board will be filled without regard to race, color, religion, national
origin, sex, age, veteran status or disability.
(2)
Resumes will be received by the Personnel Director
of the Town, or designee, who with the Screening Committee shall submit
up to five candidates to the Town Administrator, or designee, who
in turn will certify and submit all qualified names to the Town Council
for final appointment. The representatives on the Juvenile Hearing
Board do not have to be appointed by the district. The Council as
a whole shall select an alternate from the list submitted by the Screening
Committee. If there is a resignation from the Board, the alternate
will assume that position, and the Screening Committee shall submit
a new list of not more than five names to the Council to be appointed
as an alternate member. The Councilor whose appointee resigned shall
appoint the new alternate member.
[Amended 6-20-2000 by Ord. No. 00-3; 7-17-2007 by Ord. No. 07-12]
C.
The Screening Committee will be comprised of the following
persons:
[Amended 7-17-2007 by Ord. No. 07-12]
D.
The length of term will be three years. Once an appointee
has served two full terms, that appointee may request appointment
for one additional term, otherwise the Councilor of the district shall
appoint a new member from the list submitted by the Screening Committee.
[Amended 7-17-2007 by Ord. No. 07-12]
Due to the confidentiality rights of the juveniles
presented before the Board, all members shall be required to sign
an agreement of confidentiality.
This article shall apply to all juveniles alleged
to have committed an offense after _______________, 2000.
