(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)