Rule 5:22-2. Waiver of Jurisdiction and Referral Without Juvenile's Consent
(a) Motion for Waiver of Jurisdiction and Referral. A motion seeking waiver of
jurisdiction by the Family Part shall be filed by the prosecutor within 60 days after the
receipt of the complaint, which time may be extended for good cause shown. The motion
shall be accompanied by a written statement of reasons clearly setting forth the facts used
in assessing all factors contained in N.J.S.A. 2A:4A-26.1 et seq., together with an
explanation as to how evaluation of those facts support waiver for each particular juvenile.
(b) Waiver Hearing. At the waiver hearing, the court shall receive the evidence
offered by the State and by the juvenile. No testimony of a juvenile at a hearing to
determine referral by this rule shall be admissible for any purpose in any subsequent
hearing to determine delinquency or guilt of any offense. The court also shall permit crossexamination of any witnesses. The State shall provide proof to satisfy the requirements of
N.J.S.A. 2A:4A-26.1(c)(1) with respect to the age of the juvenile and N.J.S.A. 2A-26.1(c)(2)
with respect to probable cause to believe that the juvenile committed one of the
enumerated delinquent acts. The court also shall review whether the State considered the
factors set forth in N.J.S.A. 2A:4A-26.1(c)(3).
(c) Factors to be Considered. The court may deny a motion by the prosecutor to
waive jurisdiction of a juvenile delinquency case if it is clearly convinced that the
prosecutor abused his or her discretion in considering the factors set forth within N.J.S.A.
2A:4A-26.1(c)(3).
(d) Standards for Referral. The court shall waive jurisdiction of a juvenile
delinquency action without the juvenile's consent and shall refer the action to the
appropriate court and prosecuting authority having jurisdiction pursuant to N.J.S.A.
2A:4A26.1(c).
(e) Order to Waive Jurisdiction and for Referral. An order waiving jurisdiction of
the case and referring the case to the appropriate court and prosecuting authority shall
specify therein the alleged act or acts upon which the referral is based, and all other
delinquent acts charged against the juvenile arising out of or related to the same
transaction.
(f) Filing Complaint Upon Granting of Waiver. Upon the issuance of an order
granting waiver and a detention decision pursuant to N.J.S.A. 2A:4A-36, the waived
juvenile shall, if necessary, be released to law enforcement for the sole purpose of any
post-arrest identification procedures required by N.J.S.A. 53:1-15 or otherwise required by
law, and the prosecutor shall file a complaint with the appropriate court within 12 hours.
Note: Source -- R.R. (1969) 5:9-5(b), (c). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2)(E) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b)(2)(F) and (b)(4) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b)(2)(D), (E) and (F) amended, paragraph (b)(2)(G) adopted June 28, 1996 to be effective September 1, 1996; paragraphs (b) and (b)(1) amended, former paragraphs (b)(2), (b)(3), and (b)(4) deleted, new paragraphs (b)(2), (b)(3), and (b)(4) added July 10, 2002 to be effective September 3, 2002; paragraphs (b)(2)(B) and (b)(2)(C) amended, new paragraph (b)(2)(D) adopted, paragraph (b)(3) caption amended, paragraphs (b)(3)(B) and (b)(3)(C) amended, new paragraph (b)(3)(D) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (b) added, and former paragraphs (b), (c), (d) redesignated as paragraphs (c), (d), (e) June 15, 2007 to be effective September 1, 2007; caption amended, paragraphs (a) and (b) caption and text amended, new paragraph (c) adopted, former paragraph (c) redesignated as paragraph (d) and text amended, former paragraph (d) redesignated as paragraph (e) and caption and text amended, former paragraph (e) deleted with text relocated to paragraph (b) August 1, 2016 to be effective September 1, 2016; new paragraph (f) adopted July 27, 2018 to be effective September 1, 2018.
(a) Motion for Waiver of Jurisdiction and Referral. A motion seeking waiver of
jurisdiction by the Family Part shall be filed by the prosecutor within 60 days after the
receipt of the complaint, which time may be extended for good cause shown. The motion
shall be accompanied by a written statement of reasons clearly setting forth the facts used
in assessing all factors contained in N.J.S.A. 2A:4A-26.1 et seq., together with an
explanation as to how evaluation of those facts support waiver for each particular juvenile.
(b) Waiver Hearing. At the waiver hearing, the court shall receive the evidence
offered by the State and by the juvenile. No testimony of a juvenile at a hearing to
determine referral by this rule shall be admissible for any purpose in any subsequent
hearing to determine delinquency or guilt of any offense. The court also shall permit crossexamination of any witnesses. The State shall provide proof to satisfy the requirements of
N.J.S.A. 2A:4A-26.1(c)(1) with respect to the age of the juvenile and N.J.S.A. 2A-26.1(c)(2)
with respect to probable cause to believe that the juvenile committed one of the
enumerated delinquent acts. The court also shall review whether the State considered the
factors set forth in N.J.S.A. 2A:4A-26.1(c)(3).
(c) Factors to be Considered. The court may deny a motion by the prosecutor to
waive jurisdiction of a juvenile delinquency case if it is clearly convinced that the
prosecutor abused his or her discretion in considering the factors set forth within N.J.S.A.
2A:4A-26.1(c)(3).
(d) Standards for Referral. The court shall waive jurisdiction of a juvenile
delinquency action without the juvenile's consent and shall refer the action to the
appropriate court and prosecuting authority having jurisdiction pursuant to N.J.S.A.
2A:4A26.1(c).
(e) Order to Waive Jurisdiction and for Referral. An order waiving jurisdiction of
the case and referring the case to the appropriate court and prosecuting authority shall
specify therein the alleged act or acts upon which the referral is based, and all other
delinquent acts charged against the juvenile arising out of or related to the same
transaction.
(f) Filing Complaint Upon Granting of Waiver. Upon the issuance of an order
granting waiver and a detention decision pursuant to N.J.S.A. 2A:4A-36, the waived
juvenile shall, if necessary, be released to law enforcement for the sole purpose of any
post-arrest identification procedures required by N.J.S.A. 53:1-15 or otherwise required by
law, and the prosecutor shall file a complaint with the appropriate court within 12 hours.
Note: Source -- R.R. (1969) 5:9-5(b), (c). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2)(E) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b)(2)(F) and (b)(4) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b)(2)(D), (E) and (F) amended, paragraph (b)(2)(G) adopted June 28, 1996 to be effective September 1, 1996; paragraphs (b) and (b)(1) amended, former paragraphs (b)(2), (b)(3), and (b)(4) deleted, new paragraphs (b)(2), (b)(3), and (b)(4) added July 10, 2002 to be effective September 3, 2002; paragraphs (b)(2)(B) and (b)(2)(C) amended, new paragraph (b)(2)(D) adopted, paragraph (b)(3) caption amended, paragraphs (b)(3)(B) and (b)(3)(C) amended, new paragraph (b)(3)(D) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (b) added, and former paragraphs (b), (c), (d) redesignated as paragraphs (c), (d), (e) June 15, 2007 to be effective September 1, 2007; caption amended, paragraphs (a) and (b) caption and text amended, new paragraph (c) adopted, former paragraph (c) redesignated as paragraph (d) and text amended, former paragraph (d) redesignated as paragraph (e) and caption and text amended, former paragraph (e) deleted with text relocated to paragraph (b) August 1, 2016 to be effective September 1, 2016; new paragraph (f) adopted July 27, 2018 to be effective September 1, 2018.
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