Monday, January 8, 2018

Court Rule 5:22-4 Proceedings after Waiver

(a) Procedure. Whenever a juvenile is referred to another court as provided by R. 5:22-1 or R. 5:22-2, the action shall proceed in the same manner as if it has been instituted in that court in the first instance, and shall be subject to the sentencing provisions available to that court.

(b) Custodial Sentence Upon Conviction. Upon conviction for any offense which is subject to waiver pursuant to N.J.S. 2A:4A-26.1(c)(2), there shall be a presumption that the juvenile shall serve any custodial sentence imposed in a State juvenile facility operated by the Juvenile Justice Commission until the juvenile reaches the age of 21, except as provided in N.J.S. 2A:4A-26.1(f).

Note: Source -- R.R. (1969) 5:9-5(e). Adopted December 20, 1983, to be effective December 31, 1983; caption amended, text amended and designated as paragraph (a) with caption added, and new paragraph (b) adopted August 1, 2016 to be effective September 1, 2016.