Section 510-B. Return of conditionally released children or runaways  


Latest version.
  • 1. If
      a child under the jurisdiction of the division runs away from a division
      facility or an authorized agency or violates any  condition  of  release
      therefrom,  or if there is a change of circumstances, the division shall
      cause said child to be apprehended and returned to a  division  facility
      or authorized agency pursuant to the regulations of the division.
        2. The facility director shall, with respect to any person placed with
      the division by order of the family court, give immediate written notice
      to  said  family court when any such person is absent from such facility
      without consent. In cases involving persons placed with the division who
      are cared for by authorized agencies  pursuant  to  court  direction  or
      authorization,  the  authorized  agency shall give written notice to the
      division and  the  appropriate  family  court  when  any  such  division
      placement is absent from such authorized agency without consent.
        3.  An  employee  designated  by  the division may, without a warrant,
      apprehend a runaway or conditionally released child  in  any  county  in
      this  state  whose  return  has been ordered by the division, and return
      said child to any appropriate  division  facility,  detention  facility,
      authorized agency or program.
        4.  The  division,  pursuant to its regulations, shall issue a warrant
      directed generally  to  any  peace  officer,  acting  pursuant  to  such
      officer's  special  duties,  or  police  officer  in  the  state for the
      apprehension and return of any runaway or conditionally  released  child
      under  the  jurisdiction  of  the  division  and  such  warrant shall be
      executed by any peace officer, acting pursuant to such officer's special
      duties, or police officer to whom it may be delivered. The division also
      shall provide relevant law enforcement agencies within forty-eight hours
      with any photographs of any runaway or conditionally released child  for
      whom  a  warrant  is  issued  together  with  any  pertinent information
      relative to such child. Such photographs shall remain  the  property  of
      the  division  and  shall  be  kept  confidential  for use solely in the
      apprehension of such child. Such photographs shall be returned  promptly
      to  the  division upon apprehension of such child, or upon the demand of
      the division.
        5. A magistrate may cause a runaway or released child to  be  held  in
      custody until returned to the division.
        6.  In  a  city  with  a  population  of  one  million  or  more,  the
      commissioner of juvenile justice, or the designee of such  commissioner,
      may  issue  a  warrant  directed  generally to any peace officer, acting
      pursuant to such officer's special duties,  or  police  officer  in  the
      state  for  the apprehension and return of any youth who has run away or
      escaped from a secure detention facility, as defined in the family court
      act, operated by such commissioner. Such warrant shall  be  executed  by
      any  peace officer, acting pursuant to such officer's special duties, or
      police officer to whom it may be delivered.
        7. When a child who is placed with the division  pursuant  to  article
      three  of the family court act or committed pursuant to the penal law is
      absent from a division facility or  an  authorized  agency  without  the
      consent  of  the  director  of  such  facility or authorized agency, the
      absence shall interrupt the calculation of the time of such placement or
      commitment and such interruption shall continue until the return of  the
      child to the facility or authorized agency in which the child was placed
      or  committed.  Any time spent by such child in custody from the date of
      absence to the date the placement  pursuant  to  article  three  of  the
      family  court  act or commitment pursuant to the penal law resumes shall
      be credited against the time of such placement or commitment provided:
        (a) That such custody was due to an arrest or surrender based upon the
      absence; or
    
        (b) That such custody arose from an arrest  or  surrender  on  another
      charge  which  did  not  culminate  in  a  conviction,  adjudication  or
      adjustment.
        8. When a youth who is absent without consent from division custody is
      apprehended  outside  of  the  state  of  New  York,  the  terms  of the
      interstate compact on  juveniles,  set  forth  in  chapter  one  hundred
      fifty-five of the laws of nineteen hundred fifty-five, as amended, shall
      govern the return of such youth to division custody.