Monday, January 8, 2018

Court Rule 5:22-3 Detention hearing after referral

When a case is referred to another court as provided by R. 5:22-1 or R. 5:22-2, the court waiving jurisdiction shall, on hearing, determine pursuant to N.J.S. 2A:4A-36 whether detention is necessary. If detention is deemed necessary, there shall be a presumption that the juvenile shall be detained in a county juvenile detention facility, unless good cause is shown that it is necessary to detain the juvenile in a county jail or other county correctional facility in which adults are incarcerated. In no case shall a juvenile be remanded to an adult detention facility prior to the hearing provided for herein.

Note: Source -- R.R. (1969) 5:9-5(d). Adopted December 20, 1983, to be effective December 31, 1983; caption and text amended November 5, 1986 to be effective January 1, 1987; amended August 1, 2016 to be effective September 1, 2016.