5:22-5. Remand to the Family Part
(a) Remand with Consent of Parties. With the consent of the juvenile defendant
and the prosecutor, at any point in the proceedings subsequent to the decision ordering
waiver, the Criminal Division may remand to the Family Part if it appears that:
(1) the interests of the public and the best interests of the juvenile require
access to programs or procedures uniquely available in the Family Part; and
(2) the interests of the public are no longer served by waiver.
(b) Remand for Conviction of Non-Waivable Offense. If a juvenile is not
convicted of an offense set forth in N.J.S.A 2A:4A-26.1(c)(2), a conviction for any other
offense shall be deemed a juvenile adjudication and be remanded to the Family Part for
disposition, in accordance with the dispositional options available to the Family Part and all
records related to the act of delinquency shall be subject to the provisions of section 1 of
P.L. 1982, c.79 (C.2A:4A-60).
Note: Adopted August 1, 2016 to be effective September 1, 2016.
(a) Remand with Consent of Parties. With the consent of the juvenile defendant
and the prosecutor, at any point in the proceedings subsequent to the decision ordering
waiver, the Criminal Division may remand to the Family Part if it appears that:
(1) the interests of the public and the best interests of the juvenile require
access to programs or procedures uniquely available in the Family Part; and
(2) the interests of the public are no longer served by waiver.
(b) Remand for Conviction of Non-Waivable Offense. If a juvenile is not
convicted of an offense set forth in N.J.S.A 2A:4A-26.1(c)(2), a conviction for any other
offense shall be deemed a juvenile adjudication and be remanded to the Family Part for
disposition, in accordance with the dispositional options available to the Family Part and all
records related to the act of delinquency shall be subject to the provisions of section 1 of
P.L. 1982, c.79 (C.2A:4A-60).
Note: Adopted August 1, 2016 to be effective September 1, 2016.
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