2023 New York Laws › EXC - Executive › Article 19-I - Waterfront Commission Act › Title 3 - Programs and Services for Youth › Sub Title A - Additional Services for Youth › 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.