Introduced By: Representatives Lowe, Burlingame and Benoit
Date Introduced : June 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. For purposes of promoting the public health, safety, morals or general welfare, the town council to the town of North Smithfield shall have the power in accordance with the provisions of this act within the limits of said town by ordinance, to pass, ordain, establish and amend an ordinance to establish a juvenile hearing board.
Without limiting the generality of the aforementioned, such ordinances shall include the following provisions:
SECTION 1. Establishment. -- Pursuant to Chapter 45-2 of the General Laws of Rhode Island, a juvenile hearing board shall be established in the Town of North Smithfield for the purpose of hearing all first time misdemeanor offenses and truancy cases with respect to persons under the age of eighteen (18) who are charged with violating the laws of the State of Rhode Island or the Town of North Smithfield. Said board shall be called the North Smithfield Juvenile Board.
SECTION 2. Membership. -- (a) The membership of the North Smithfield Juvenile Hearing Board (the board) shall consist of seven (7) electors of the Town of North Smithfield over the age of eighteen (18) years.
(b) Members of the board shall be appointed for three (3) year terms as follows: five (5) members by a vote of the Town Council and two members appointed by the Town Administrator with Town Council approval, except that the initial appointments shall be staggered with two (2) members appointed for one (1) year, two (2) members appointed for two (2) years and three (3) members appointed for three (3) years.
(c) In the initial appointment, each Town Council member shall appoint one (1) board member and the Town Administrator shall appoint two (2) members. In the years when there are two (2) appointments, one (1) of the two members shall be appointed by the Town Administrator.
(d) Appointed members of the said board shall be eligible for reappointment, and upon expiration of their term shall continue to serve until replaced or otherwise reappointed. In the event of a vacancy on the board, interim appointments of appointed members may be made by the Town Administrator to complete the unexpired term of the vacant position, with approval of the Town Council.
(e) Members of the board are subject to removal pursuant to the Charter and Ordinance provisions of the Town of North Smithfield.
SECTION 3. Referral to the board. -- (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;
(i) who shall have twice previously been 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; and
(ii) at the time of the alleged commission of such offense shall be within the custody and control of the Family Court, not to include guardianship matters.
(b) No referral to the board shall be made until such person, together with his/her legal guardian(s) 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.
SECTION 4. Duties of the Board. -- (a) The board shall be authorized to hear all first time misdemeanor offenses and truancy cases, and to recommend sanctions other than incarceration. The sanctions imposed by the board shall not exceed six (6) months, and may consist of, but not be limited to:
(i) community service
(ii) referral to counseling services
(iii) reasonable curfews
(iv) reasonable restitution
(b) In any such proceedings, the board, prior to imposing sanctions, shall request the juvenile offender and his/her parents or legal guardians to agree to the sanctions imposed, the amount of restitution and the manner of making the same. In ordering restitution, the 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.
SECTION 5. Meetings and Notice. -- The North Smithfield Juvenile Hearing Board shall meet not less than once each month. It shall give written notice of matters to be heard before it to the chief of police, the juvenile officer and juvenile offender and his/her parents. This notice shall be no less than seven (7) days prior to the date of the hearing.
(a) In its notice to the juvenile, the hearing board will advise the juvenile of the time and place of the hearing, the nature of the offense and the right to counsel before the board.
(b) A majority of the members of the board shall constitute a quorum and proceedings shall be closed to the public, except that the Juvenile Hearing Board may, with the consent of such juvenile and their legal guardians, transact its business in public.
(c) The juvenile hearing board shall elect one of 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 action.
(d) Board proceedings shall be closed to the public, and the provisions of chapters 42-46 of the Rhode Island general laws shall not apply to such proceedings. All records or proceedings, including records concerning the arrest, apprehension or detention of any juvenile offender, shall be withheld from public inspection but such records shall be available to the parent, legal guardian(s), or attorney of the juvenile for inspection. All records of board action shall be destroyed when the juvenile turns eighteen.
(e) A juvenile hearing board shall have the power, from time to time, to draft rules governing its proceeding or to amend or repeal any rules therefore adopted. The board shall compile a progress report yearly and shall forward said report to the town administrator, town council and the Chief Judge of the Rhode Island Family Court.
SECTION 2. This act shall take effect upon passage and shall apply to all juveniles alleged to have committed an offense after the date of enactment.
