N.Y. Executive Law § 510-b: Return of conditionally released children or runaways

§ 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.