(a) Initial Detention Hearing. If the juvenile has not been released pursuant to R.
5:21-2, an initial hearing to determine whether pretrial detention is required pursuant to the
standards of R. 5:21-5 shall be held no later than the morning following the juvenile's
placement in custody, including holidays and weekends. Said hearing shall be on oral or
written notice to the juvenile and the juvenile's parents or guardian, all of whom shall be
present at the hearing. The hearing, however, shall not be adjourned if such notice or
process fails to produce the attendance of the parents or guardian. If a complaint has not
been filed by the time the initial hearing is held, the juvenile shall be immediately released
from custody. If the juvenile is not represented by counsel at the initial hearing and if the
court determines that the juvenile should be detained, a second detention hearing shall be
held within two court days after the initial hearing at which the juvenile shall be represented
by assigned or retained counsel or by the Public Defender as the circumstances require.
(b) Probable Cause Hearing. If the juvenile is detained following the initial detention hearing, the court shall conduct a probable cause hearing within two court days after the initial hearing. Where a second detention hearing is required by paragraph (a), it shall be held with the probable cause hearing. If the court determines that there is no probable cause to believe that the juvenile has committed the conduct alleged in the complaint, the juvenile shall be forthwith released. If probable cause is found, detention review hearings shall be conducted as provided in paragraph (c).
(c) Detention Review Hearing. If the court determines that the juvenile should continue to be detained, a detention review hearing shall be held within 14 court days after the prior detention hearing. If detention is again continued, review hearings shall be held thereafter at intervals not to exceed 21 court days. The juvenile shall be represented by counsel at all such hearings.
(d) Findings. Whenever the court places a juvenile in detention, it shall state the reasons therefor on the record, giving consideration to the following factors among others:
(1) The nature and circumstances of the offense charged;
(2) The age of the juvenile;
(3) The juvenile's ties to the community;
(4) The juvenile's record of prior adjudications, if any; and
(5) The juvenile's record of appearance or non-appearance at previous court proceedings.
(e) Credit for Time Served. A juvenile shall receive credit on the term of a custodial sentence for any time served in detention or court-ordered shelter care between apprehension and disposition.
Note: Source-R. (1969) 5:8-2(c) and (d); R. (1969) 5:8-6(d). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (e) adopted November 1, 1985 to be effective January 2, 1986; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (e) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended August 1, 2016 to be effective September 1, 2016.
(b) Probable Cause Hearing. If the juvenile is detained following the initial detention hearing, the court shall conduct a probable cause hearing within two court days after the initial hearing. Where a second detention hearing is required by paragraph (a), it shall be held with the probable cause hearing. If the court determines that there is no probable cause to believe that the juvenile has committed the conduct alleged in the complaint, the juvenile shall be forthwith released. If probable cause is found, detention review hearings shall be conducted as provided in paragraph (c).
(c) Detention Review Hearing. If the court determines that the juvenile should continue to be detained, a detention review hearing shall be held within 14 court days after the prior detention hearing. If detention is again continued, review hearings shall be held thereafter at intervals not to exceed 21 court days. The juvenile shall be represented by counsel at all such hearings.
(d) Findings. Whenever the court places a juvenile in detention, it shall state the reasons therefor on the record, giving consideration to the following factors among others:
(1) The nature and circumstances of the offense charged;
(2) The age of the juvenile;
(3) The juvenile's ties to the community;
(4) The juvenile's record of prior adjudications, if any; and
(5) The juvenile's record of appearance or non-appearance at previous court proceedings.
(e) Credit for Time Served. A juvenile shall receive credit on the term of a custodial sentence for any time served in detention or court-ordered shelter care between apprehension and disposition.
Note: Source-R. (1969) 5:8-2(c) and (d); R. (1969) 5:8-6(d). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (e) adopted November 1, 1985 to be effective January 2, 1986; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (e) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended August 1, 2016 to be effective September 1, 2016.
