2023 -- H 6198

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LC002620

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- FAMILY COURT

     

     Introduced By: Representatives Caldwell, Speakman, Donovan, Cortvriend, Edwards,
O'Brien, Knight, Craven, and McEntee

     Date Introduced: March 24, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-10-23.1 of the General Laws in Chapter 8-10 entitled "Family

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Court" is hereby amended to read as follows:

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     8-10-23.1. Statewide juvenile hearing board.

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     (a) The chief judge of the family court shall appoint a statewide juvenile hearing board

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coordinator who is qualified by education, training, previous experience in professional social

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welfare, personality, character, and special aptitude for the work, to serve at the pleasure of the

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chief judge. The juvenile hearing board coordinator shall provide education, training, data

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collection and analysis, coordination, and assistance to cities and towns in the establishment and

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maintenance of juvenile hearing boards and teen courts. Juvenile hearing boards and/or teen courts

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shall report any data deemed necessary by the family court to perform the functions of the juvenile

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hearing board coordinator. No juvenile hearing board or teen court in the State of Rhode Island

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shall hear, or dispose of offenses that constitute felony offenses if committed by an adult, except

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by the express written consent of the chief justice of the family court; nor shall any juvenile hearing

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board or teen court hear or dispose of any offense which has been amended from a felony offense

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to a misdemeanor offense, except by the express written consent of the chief justice of the family

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court. Juveniles, wherever they may live, upon a decision to refer the juvenile to the juvenile

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hearing board or teen court, shall be referred to the hearing board or teen court in the city or town

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where the offense was committed; provided, however, if the city or town does not have a hearing

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board or teen court, the juvenile shall be referred to the hearing board or teen court where the

 

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juvenile resides. The Statewide hearing board coordinator is responsible for setting up a statewide

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community service program which may be utilized by any hearing board or teen court.

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     (b) The position of statewide juvenile hearing board coordinator is a pilot program which

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shall commence on July 1, 1998 and terminate on June 30, 2001, unless extended by the general

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assembly.

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     (c) The juvenile hearing board may order a juvenile to attend a rehabilitative driving course

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operated under the jurisdiction of a college or university accredited by the State of Rhode Island if

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the circumstances of the offense indicate these programs would be beneficial to the juvenile. An

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order to attend a course may also include a provision to pay reasonable tuition for the course. The

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order shall contain findings of fact and a copy shall be submitted by the board to the chief magistrate

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of the traffic tribunal. Failure to comply with an order of attendance, after notice and hearing, shall

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result in a show cause hearing conducted before the traffic tribunal to determine whether grounds

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exist for the suspension or revocation of a person's license or registration. Notice and hearings

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before the traffic tribunal shall be pursuant to the provisions of chapter 41.1 of title 31.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- FAMILY COURT

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     This act would give statewide juvenile hearing boards the authority to refer a juvenile

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offender to a rehabilitative driving course, as part of a disposition of an offense before the board.

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The order may be enforced by the traffic tribunal.

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     This act would take effect upon passage.

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