Rule 5:22-4.Proceedings After Waiver
Last amended September 1, 2016 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:22-4
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(e). Adopted December 20, 1983, to be effective December 31, 1983; caption amended, text amended and designated as paragraph (a) with caption added, and new paragraph (b) adopted August 1, 2016 to be effective September 1, 2016.
Plain-English Summary
Once referred, the action proceeds in the same manner as if it had been instituted in that court in the first instance, and is subject to that court's sentencing provisions. The juvenile is, procedurally, a defendant.
Where the sentence is served is treated differently. On conviction of an offense subject to waiver, there is a presumption that any custodial sentence is served in a State juvenile facility operated by the Juvenile Justice Commission until the juvenile reaches the age of 21, subject to the statutory exception.
So waiver moves the trial to the adult system without immediately moving the child into the adult prison population — the two questions are kept apart.
Frequently Asked Questions
How does the case proceed after waiver?
In the same manner as if it had been instituted in the receiving court in the first instance, and subject to the sentencing provisions available to that court.
Where does a waived juvenile serve a sentence?
There is a presumption that any custodial sentence imposed is served in a State juvenile facility operated by the Juvenile Justice Commission until the juvenile reaches the age of 21, except as the statute provides.