§ 510-B — Return of conditionally released children or runaways

§ 510-b. Return of conditionally released children or runaways. 1. If\na child under the jurisdiction of the division runs away from a division\nfacility or an authorized agency or violates any condition of release\ntherefrom, or if there is a change of circumstances, the division shall\ncause said child to be apprehended and returned to a division facility\nor authorized agency pursuant to the regulations of the division.\n 2. The facility director shall, with respect to any person placed with\nthe division by order of the family court, give immediate written notice\nto said family court when any such person is absent from such facility\nwithout consent. In cases involving persons placed with the division who\nare cared for by authorized agencies pursuant to court direction or\nauthorization, the authorized agency shall give written notice to the\ndivision and the appropriate family court when any such division\nplacement is absent from such authorized agency without consent.\n 3. An employee designated by the division may, without a warrant,\napprehend a runaway or conditionally released child in any county in\nthis state whose return has been ordered by the division, and return\nsaid child to any appropriate division facility, detention facility,\nauthorized agency or program.\n 4. The division, pursuant to its regulations, shall issue a warrant\ndirected generally to any peace officer, acting pursuant to such\nofficer's special duties, or police officer in the state for the\napprehension and return of any runaway or conditionally released child\nunder the jurisdiction of the division and such warrant shall be\nexecuted by any peace officer, acting pursuant to such officer's special\nduties, or police officer to whom it may be delivered. The division also\nshall provide relevant law enforcement agencies within forty-eight hours\nwith any photographs of any runaway or conditionally released child for\nwhom a warrant is issued together with any pertinent information\nrelative to such child. Such photographs shall remain the property of\nthe division and shall be kept confidential for use solely in the\napprehension of such child. Such photographs shall be returned promptly\nto the division upon apprehension of such child, or upon the demand of\nthe division.\n 5. A magistrate may cause a runaway or released child to be held in\ncustody until returned to the division.\n 6. In a city with a population of one million or more, the\ncommissioner of juvenile justice, or the designee of such commissioner,\nmay issue a warrant directed generally to any peace officer, acting\npursuant to such officer's special duties, or police officer in the\nstate for the apprehension and return of any youth who has run away or\nescaped from a secure detention facility, as defined in the family court\nact, operated by such commissioner. Such warrant shall be executed by\nany peace officer, acting pursuant to such officer's special duties, or\npolice officer to whom it may be delivered.\n 7. When a child who is placed with the division pursuant to article\nthree of the family court act or committed pursuant to the penal law is\nabsent from a division facility or an authorized agency without the\nconsent of the director of such facility or authorized agency, the\nabsence shall interrupt the calculation of the time of such placement or\ncommitment and such interruption shall continue until the return of the\nchild to the facility or authorized agency in which the child was placed\nor committed. Any time spent by such child in custody from the date of\nabsence to the date the placement pursuant to article three of the\nfamily court act or commitment pursuant to the penal law resumes shall\nbe credited against the time of such placement or commitment provided:\n (a) That such custody was due to an arrest or surrender based upon the\nabsence; or\n (b) That such custody arose from an arrest or surrender on another\ncharge which did not culminate in a conviction, adjudication or\nadjustment.\n 8. When a youth who is absent without consent from division custody is\napprehended outside of the state of New York, the terms of the\ninterstate compact on juveniles, set forth in chapter one hundred\nfifty-five of the laws of nineteen hundred fifty-five, as amended, shall\ngovern the return of such youth to division custody.\n