Wednesday, February 26, 2020

Rule 5:22-3. Detention hearing after referral

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.A. 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. 

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