R.I. Government Agencies | Privacy Policy |
Middletown Juvenile Hearing Board
Contact: Detective Abel Fernandes
E-Mail: policechief@ci.middletown.ri.us
239 Wyatt Road
Middletown, RI 02842
Phone: (401) 846-1144
When: Not public meetings
Where:
Name |
Position |
Address |
Term Expires |
|---|---|---|---|
| Judith L. Brennan | 1023 Wapping Road | 4/06 | |
| Barry Clark | 10 Wabasso Terrace | 4/06 | |
| Francis Forgue | 28 Underwood Lane | 4/07 | |
| Richard Morgera | 203 Prospect Avenue | 4/07 | |
| Janet Oakley | 5 Johnson Terrace | 4/06 | |
| Lisa Ruth | 22 Spinnaker Court | 4/07 | |
| Michael E. Allen | Auxiliary | 639 Aquidneck Avenue | 4/06 |
| George B. Ramsey | Auxiliary | 71 Amesbury Circle | 4/06 |
§ 38A.01 ESTABLISHMENT.
Pursuant to R.I. Gen. Laws Ch. 45-2, a juvenile hearing board shall be established in the town for the purpose of hearing all cases referred to it by the juvenile division of the Police Department or the Chief of Police, or his designee, with respect to persons under the age of 18 who are charged with violating the criminal laws of the state or the town. The board shall be called the Middletown Juvenile Hearing Board. (Ord. passed 9-18-00)
§ 38A.02 MEMBERSHIP.
(A) The membership of the Middletown Juvenile Hearing Board (the Board) shall consist of five members who shall be qualified electors of the town. In addition, there may be two auxiliary members who serve as active members in the event a regular member or members are unable to serve at any hearing or proceeding.
(B) The members shall be appointed by a majority vote of the Town Council.
(C) The term of appointment shall be for three years except that the initial appointments may be for a term of less than three years in order to stagger the appointments.
(D)Appointed members of the Board shall be eligible to be reappointed, and upon expiration of their term shall continue to serve until another member is appointed in their place or until reappointed. (Ord. passed 9-18-00)
§ 38A.03 REFERRAL TO JUVENILE HEARING BOARD.
(A) Persons who are under the age of 18 years may be referred to the Board, which shall have concurrent jurisdiction with the Rhode Island Family Court, if the alleged act would support a finding of waywardness or delinquency in the Family Court, including but not limited to violation of compulsory school attendance laws or if such act constitutes an offense which, if committed by an adult, would be a misdemeanor, provided however, that no referral shall be made in the case of any person who:
(1) Shall have been twice previously referred to the Board;
(2) Shall have been once previously referred to the Board and refused or failed to abide by the sanctions imposed or to have made the restitution recommended; or
(3) Shall at the time of the commission of the offense be within the custody and control of the Rhode Island Family Court, with the exception of guardianship proceedings.
(B) The juvenile division of the Police Department, the Chief of Police or his designee may order referral to the Board of any other juvenile offender where in the opinion of the juvenile division or the Chief of Police or his designee such referral would be beneficial to the juvenile concerned or the community at large.
(C) No referral to the Board shall be made until such person, together with his/her legal guardian or legal representative, shall have in writing waived such person's right to an initial hearing in the Family Court with respect to the offense charged, has admitted to the offense and has agreed to abide by the decision of the Board. (Ord. passed 9-18-00)
§ 38A.04 DUTIES OF THE BOARD.
(A) The Board shall be authorized to hear all cases referred to it by the juvenile division of the Police Department, the Chief of Police, or his designee and to impose and order sanctions other than incarceration. Sanctions may include but are not limited to:
(1) Fines up to a maximum of $100 for each offense charged;
(2) Community service;
(3) Restitution for any injuries or property damage, where appropriate, resulting from the commission of the offense;
(4) Imposition of a reasonable curfew;
(5) Denial, suspension or revocation of driving privileges for a period of up to two years;
(6) Appropriate counseling.
(B) In any such proceedings the Board shall, prior to the imposition of any sanctions, request the juvenile offender and his/her parents, legal guardians and legal representatives to agree to the sanctions imposed, the amount of restitution ordered and the manner of making restitution. In ordering restitution, the Board shall consider the juvenile offender's ability to pay and the amount of actual damages caused as a result of the commission of the offenses.
(Ord. passed 9-18-00)
§ 38A.05 QUORUM; RULES.
(A) A majority of the Board's members shall constitute a quorum and a majority of the members present shall be required to take any action. Any juvenile offender may be represented by counsel and may present evidence in his own behalf.
(B) The Board shall have power from time to time to adopt and publish any and all rules and regulations necessary to carry out its functions under the provisions of this chapter.
(C) The Board shall give notice of the date, time and place of its meetings to the juvenile division of the Police Department; the Chief of Police, or his designee; the juvenile offender and his/her parents; and legal guardians or legal representative not less than seven days prior to the date of the hearing.
(D) Board proceedings shall be closed to the public and the provisions of R.I. Gen. Laws Title 46, Ch. 42 shall not apply to such proceedings. All records of 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 or legal representative of the juvenile for inspection.
(Ord. passed 9-18-00)
Copyright © 2004, 2005, 2006 | 350 East Main Road, Middletown, R.I. 02842