Rule 5:21-5. Standards for Detention

(a) Juveniles Over the Age of 11 The court shall only order pretrial detention of a juvenile over the age of 11 if it finds, pursuant to subparagraphs (1) and (2) hereof, either that detention is necessary to secure the presence of the juvenile at the next hearing or that the physical safety of persons or property of the community would be seriously threatened if a juvenile, charged with an offense as hereafter set forth, were not detained.

(1) The necessity of detention to secure the presence of a juvenile at the next hearing may be demonstrated by the juvenile's record of recent willful failure to appear at juvenile court proceedings or the juvenile's unauthorized departure from a placement made by the court or the court intake service.

(2) For purposes of this rule a juvenile may be detained to protect the physical safety of persons or property only if the juvenile is charged with an offense which, if committed by an adult, would constitute a crime. If the charge would constitute a repetitive disorderly persons offense, the juveniles shall be detained only if the judge determines that there is a likelihood that upon adjudication of delinquency a custodial disposition will be ordered.

(3) When the criteria for detention are met and the juvenile is charged with an offense which, if committed by an adult, would constitute a disorderly persons or petty disorderly persons offense, the juvenile may be placed in detention temporarily. Police and court intake personnel shall make all reasonable efforts to locate a parent or guardian to accept custody of the juvenile prior to requesting or approving the juvenile's placement in detention. If, after the initial detention hearing, continued detention is necessary, the juvenile shall not be detained in a secure facility but shall be transferred to a shelter or other non-secure placement.

(b) Juvenile Not Over the Age of 11 The court may order pretrial detention of a juvenile not over the age of 11 only if the juvenile is charged with an offense which, if committed by an adult, would constitute a crime of the first or second degree or arson and provided further that the juvenile otherwise meets either of the detention criteria of paragraph (a) of this rule.