Kenneth Vercammen is author of the ABA "Criminal Law Forms" book.
More info at www.njlaws.com
Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Sunday, August 28, 2016

New rule 5:22-3. Detention Hearing after Referral

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 [the criteria set forth in] N.J .S.A.
2A:4A-36[(a)1 whether detention is necessary [the juvenile, if in custody pending trial, shall be
confined in an adult or juvenile detention facility]. 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-RR. (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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