Rule 5:21-2.Release

Last amended September 1, 1994 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:21-2 requires release pending disposition wherever it will not adversely affect the juvenile, allows judicial release at any time, and permits release on the juvenile's own recognizance on five conditions.

Full Text of Rule 5:21-2

Text sizeJump to: (a) (b) (c)

(a) Pre-hearing Release. Whenever it will not adversely affect the health, safety or welfare of a juvenile, the juvenile shall be released pending disposition to an authorized person or agency upon written assurance that such person or agency shall assume responsibility for the juvenile subject to conditions which may be imposed by the court and shall bring the juvenile before the court at all scheduled hearings or as otherwise ordered. In any event no juvenile shall be placed in detention without the permission of a judge or the court intake service.

(b) Judicial Release. At any time between the filing of the complaint and the disposition, the judge may order the release of any juvenile from detention or shelter care facility and fix the terms of such release pursuant to N.J.S. 2A:4A-34(d).

(c) Release on Own Recognizance. A law enforcement officer may and the judge or court intake officer shall, where appropriate, release the juvenile on his or her own recognizance on terms and conditions prescribed if: (a) The nature of the offense charged is such that the juvenile's release would not constitute a danger to the community; (b) There is no parent, guardian or other appropriate adult custodian to whom the juvenile could be released and all reasonable measures have been exhausted by either police or court personnel to locate and contact any such person; (c) The juvenile is at least 14 years of age; (d) The identity and address of the juvenile are verified; and (e) Reasonable certainty exists on the part of the releasing authority that upon release, the juvenile will return to school or home safely and will appear at the hearing.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Source--R. (1969) 5:8-2(a) and (d) (third and fourth sentence), R. (1969) 5:8-6(b). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (c) amended June 29, 1990 to be effective September 4, 1990; paragraph (c) amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Release is the default. Whenever it will not adversely affect a juvenile's health, safety or welfare, the juvenile is released pending disposition to an authorised person or agency — on written assurance that they will take responsibility, accept the court's conditions, and bring the juvenile to all scheduled hearings. And in any event no juvenile may be placed in detention without the permission of a judge or the court intake service.

The judge keeps a continuing power. At any time between the filing of the complaint and the disposition, the judge may order release from a detention or shelter care facility and fix the terms.

Release on the juvenile's own recognizance is narrower and turns on five conditions, all of which must be met: the offense charged is such that release would not endanger the community; there is no parent, guardian or other appropriate adult custodian to release the juvenile to, and all reasonable measures to find one have been exhausted; the juvenile is at least 14 years of age; their identity and address are verified; and the releasing authority is reasonably certain the juvenile will get home or back to school safely and will appear at the hearing. An officer may do this; a judge or court intake officer must, where appropriate.

Frequently Asked Questions

Is a juvenile released before the hearing?

Whenever release will not adversely affect the health, safety or welfare of the juvenile, they are released pending disposition to an authorized person or agency on written assurance of responsibility.

Can a juvenile be released on their own recognizance?

Yes, where five conditions are met: the offense is such that release would not endanger the community; no appropriate adult custodian can be located despite all reasonable measures; the juvenile is at least 14 years of age; identity and address are verified; and there is reasonable certainty the juvenile will return home or to school safely and appear at the hearing.

Who can authorise detention?

No juvenile shall be placed in detention without the permission of a judge or the court intake service.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:21-2). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: juvenile releaseown recognizancerelease pending dispositiondetention permission