Rule 5:22-3.Detention Hearing After Referral

Last amended September 1, 2016 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:22-3 requires a detention hearing when a case is referred out, presumes detention in a county juvenile facility rather than a jail, and bars any adult facility before that hearing.

Full Text of Rule 5:22-3

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When a case is referred to another court as provided by R. 5:22-1 or R. 5:22-2, the court waiving jurisdiction shall, on hearing, determine pursuant to N.J.S.A. 2A:4A-36, whether detention is necessary. If detention is deemed necessary, there shall be a presumption that the juvenile shall be detained in a county juvenile detention facility, unless good cause is shown that it is necessary to detain the juvenile in a county jail or other county correctional facility in which adults are incarcerated. In no case shall a juvenile be remanded to an adult detention facility prior to the hearing provided for herein.

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) 5:9-5(d). Adopted December 20, 1983, to be effective December 31, 1983; caption and text amended November 5, 1986 to be effective January 1, 1987; amended August 1, 2016 to be effective September 1, 2016.

Plain-English Summary

Referral to the adult court does not automatically send a child to an adult jail. The court waiving jurisdiction must first determine, on a hearing, whether detention is necessary at all.

If it is, a presumption follows: the juvenile is detained in a county juvenile detention facility, unless good cause is shown that detention in a county jail or other county correctional facility housing adults is necessary. The burden sits with whoever wants the adult facility.

And the last sentence is a flat prohibition rather than a presumption: in no case may a juvenile be remanded to an adult detention facility before this hearing takes place.

Frequently Asked Questions

Is a waived juvenile sent to adult jail?

Not presumptively. If detention is deemed necessary there is a presumption that the juvenile is detained in a county juvenile detention facility, unless good cause is shown that detention in a county jail or other adult facility is necessary.

Can a juvenile be moved to an adult facility before the hearing?

No. In no case shall a juvenile be remanded to an adult detention facility prior to the hearing provided for in this rule.

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. 5:22-3). 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 after waiveradult jail juvenilecounty juvenile detention