New rule 5:21-3. Detention Hearings

New rule 5:21-3. Detention Hearings

Ca) Initial Detention Hearing .... no change.

(b) Probable Cause Hearing. If the juvenile is detained following the initial detention

hearing, the court shall conduct a probable cause hearing within two court days after the initial

hearing. Where a second detention hearing is required by paragraph (a), it shall be held with the

probable cause hearing. [If the prosecutor has filed a motion seeking waiver of jurisdiction

pursuant to Rule 5:22-2 or indicates an intention to file such a motion, or the court determines

based on the circumstances that such a motion is likely, the court shall permit the parties to

present evidence regarding the issues of age of the juvenile and other standards for referral which

may be addressed at the time of the probable cause hearing.] If the court determines that there is

no probable cause to believe that the juvenile has committed the conduct alleged in the

complaint, the juvenile shall be forthwith released. If probable cause is found, detention review

hearings shall be conducted as provided in paragraph ( c ).

(c) Detention Review Hearing .... no change.

(d) Findings .... no change.

Ce) Credit for Time Served .... no change.

Note: Source-R.R. (1969) 5:8-2(c) and (d); R. (1969) 5:8-6(d). Adopted December 20,

1983, to be effective December 31, 1983; paragraph (e) adopted November 1, 1985 to be

effective January 2, 1986; paragraph (b) amended July 14, 1992 to be effective September 1,

1992; paragraphs (a) and (e) amended July 13, 1994 to be effective September 1, 1994~

paragraph (b) amended August 1, 2016 to be effective September 1, 2016.

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