Legislation
SECTION 510-B
Return of conditionally released children or runaways
Executive (EXC) CHAPTER 18, ARTICLE 19-G, TITLE 3, SUBTITLE A
§ 510-b. Return of conditionally released children or runaways. 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.
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.