Last amended September 1, 2021 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:21-3 requires an initial detention hearing by the morning after a juvenile is placed in custody, a probable cause hearing within two court days, and review hearings at intervals that never exceed 21 court days.
(a)Initial Detention Hearing. If the juvenile has not been released pursuant to R. 5:20-2 or R. 5:21-2, the court shall conduct an initial hearing for a preliminary probable cause review and for pretrial detention pursuant to the standards of R. 5:21-5. The hearing shall occur no later than the morning following the juvenile's placement in custody, including holidays and weekends. The hearing shall be on oral or written notice to the juvenile and the juvenile's parents, guardian, or custodian, all of whom shall be present at the hearing. The hearing, however, shall not be adjourned if such notice or process fails to produce the attendance of the parents, guardian, or custodian. If the juvenile is not represented by counsel at the initial hearing and if the court determines that the juvenile should be detained, a second detention hearing shall be held within two court days after the initial hearing at which the juvenile shall be represented by assigned or retained counsel or by the Public Defender as the circumstances require.
(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 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. If the court determines that the juvenile should continue to be detained, a detention review hearing shall be held within 14 court days after the prior detention hearing. If detention is again continued, review hearings shall be held thereafter at intervals not to exceed 21 court days. The juvenile shall be represented by counsel at all such hearings.
(d)Findings. Whenever the court places a juvenile in detention, it shall state the reasons therefor on the record, giving consideration to the following factors among others:
(1)The nature and circumstances of the offense charged;
(2)The age of the juvenile;
(3)The juvenile's ties to the community;
(4)The juvenile's record of prior adjudications, if any; and
(5)The juvenile's record of appearance or non-appearance at previous court proceedings.
(e)Credit for Time Served. A juvenile shall receive credit on the term of a custodial sentence for any time served in detention or court-ordered shelter care between apprehension and disposition.
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(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; paragraph (a) amended July 30, 2021 to be effective September 1, 2021.
Plain-English Summary
The first hearing comes fast. If the juvenile has not been released, the court holds an initial hearing for a preliminary probable cause review and for pretrial detention no later than the morning following the juvenile's placement in custody — including holidays and weekends. Notice goes to the juvenile and the parents, guardian or custodian, all of whom are to be present; but the hearing is not adjourned if notice fails to produce the adults. A juvenile unrepresented at that initial hearing who is ordered detained gets a second detention hearing within two court days, with counsel.
A detained juvenile then gets a probable cause hearing within two court days after the initial hearing, held together with any second detention hearing. No probable cause means immediate release.
Continued detention is reviewed repeatedly rather than assumed. A detention review hearing is held within 14 court days after the prior detention hearing, and if detention continues, review hearings follow at intervals not exceeding 21 court days. The juvenile is represented by counsel at all of them.
Whenever the court places a juvenile in detention it states its reasons on the record, considering among other things five factors: the nature and circumstances of the offense charged, the juvenile's age, their ties to the community, their record of prior adjudications, and their record of appearance or non-appearance at previous proceedings. Time served counts — a juvenile receives credit on any custodial sentence for time in detention or court-ordered shelter care between apprehension and disposition.
Frequently Asked Questions
How soon is the first detention hearing?
No later than the morning following the juvenile's placement in custody, including holidays and weekends.
What if the juvenile has no lawyer at that hearing?
If the juvenile is not represented at the initial hearing and the court determines they should be detained, a second detention hearing is held within two court days with assigned or retained counsel or the Public Defender.
How often is detention reviewed?
A detention review hearing is held within 14 court days after the prior detention hearing, and thereafter at intervals not to exceed 21 court days.
Does time in detention count toward a sentence?
Yes. A juvenile receives credit on the term of a custodial sentence for any time served in detention or court-ordered shelter care between apprehension and disposition.
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. 5:21-3). 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:detention hearingprobable cause hearingdetention reviewcredit for time servedjuvenile detention