new rule5:22-5. Remand to the Family Part

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 ofNon-Waivable Offense. If a juvenile is not convicted of

an offense set forth in N.J.S.A. 2A:4A-26. l(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 I 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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