Rule 5:21-4.Place of Detention or Shelter Care

Last amended September 1, 2009 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:21-4 bars holding a juvenile in any prison, jail, lockup or police station, with a narrow exception for a brief hold while release is arranged, and bars placement in an over-capacity detention facility.

Full Text of Rule 5:21-4

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No juvenile shall be placed in detention or shelter care in any place other than that specified by the State Juvenile Justice Commission or Department of Children and Families as provided by law. No juvenile shall be detained or placed in any prison, jail, lockup, or police station. If however, no other facility is reasonably available and if a brief holding is necessary to allow the release of the juvenile to the juvenile's parent, or guardian, or other suitable person, or approved facility, a juvenile may be held in a police station in a place other than one designed for the detention of prisoners and apart from any adult charged with or convicted of crime. Nor shall a juvenile be placed in a detention facility which has reached its maximum population capacity as determined by the Juvenile Justice Commission.

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) 5:8-6(a). Adopted December 20, 1983, to be effective December 31, 1983; amended July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to be effective September 1, 1998; amended July 16, 2009 to be effective September 1, 2009.

Plain-English Summary

Two prohibitions and one exception. A juvenile may be placed in detention or shelter care only in a place specified by the State Juvenile Justice Commission or the Department of Children and Families as the law provides. And no juvenile shall be detained or placed in any prison, jail, lockup or police station.

The exception is drawn tightly. Where no other facility is reasonably available and a brief holding is necessary to allow release to a parent, guardian, other suitable person or approved facility, a juvenile may be held at a police station — but in a place other than one designed for detaining prisoners, and apart from any adult charged with or convicted of a crime.

The final sentence addresses overcrowding directly: no juvenile may be placed in a detention facility that has reached the maximum population capacity determined by the Juvenile Justice Commission.

Frequently Asked Questions

Can a juvenile be held in a jail or police station?

No juvenile shall be detained or placed in any prison, jail, lockup or police station — except that where no other facility is reasonably available and a brief holding is necessary to allow release, a juvenile may be held at a police station in a place other than one designed for detaining prisoners and apart from any adult charged with or convicted of crime.

What if the detention centre is full?

No juvenile may be placed in a detention facility which has reached its maximum population capacity as determined by the Juvenile Justice Commission.

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. 5:21-4). 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: place of detentionshelter carejuvenile jailsight and sound separationdetention capacity