Rule 5:21-5.Standards for Detention
Last amended September 1, 1998 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:21-5
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(e). Adopted December 20, 1983, to be effective December 31, 1983; paragraphs (a)(1), (a)(2), and (b) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a)(1) and (a)(2) amended and paragraph (a)(3) adopted July 10, 1998 to be effective September 1, 1998.
Plain-English Summary
For a juvenile over the age of 11, detention requires one of two findings: that it is necessary to secure the juvenile's presence at the next hearing, or that the physical safety of persons or property of the community would be seriously threatened without it.
Each is then defined. Necessity to secure presence may be shown by a record of recent willful failure to appear at juvenile court proceedings, or unauthorised departure from a placement made by the court or intake service. Detention to protect physical safety is available only where the juvenile is charged with an offense that would be a crime if committed by an adult — and where the charge would be a repetitive disorderly persons offense, only if the judge finds a likelihood that a custodial disposition will follow adjudication.
A lesser charge produces only a temporary hold. Where the criteria are met but the offense would be a disorderly persons or petty disorderly persons offense, the juvenile may be placed in detention temporarily, and police and intake personnel must make all reasonable efforts to find a parent or guardian to take custody first. If continued detention is necessary after the initial hearing, the juvenile must not be held in a secure facility but transferred to a shelter or other non-secure placement.
For a juvenile not over the age of 11 the threshold is much higher: detention only where the charge would be a crime of the first or second degree, or arson — and only if the general criteria are also met.
Frequently Asked Questions
When can a juvenile be detained before trial in New Jersey?
For a juvenile over 11, only where detention is necessary to secure their presence at the next hearing, or where the physical safety of persons or property would be seriously threatened and the charge would be a crime if committed by an adult.
Can a young child be detained?
A juvenile not over the age of 11 may be detained only if charged with an offense that would constitute a crime of the first or second degree or arson, and only if the general detention criteria are also met.
What happens on a minor charge?
The juvenile may be detained temporarily, after all reasonable efforts to locate a parent or guardian to accept custody. If continued detention is necessary after the initial hearing, the juvenile shall not be detained in a secure facility but transferred to a shelter or other non-secure placement.