2006 New York Code - Duties Of Police Officer Or Peace Officer After Taking Into Custody Or On Delivery By Private Person.



 
    §  724.  Duties  of  police officer or peace officer after taking into
  custody or on delivery by private person. (a) If a peace  officer  or  a
  police  officer  takes  into  custody or if a person is delivered to him
  under section seven hundred twenty-three, the officer shall  immediately
  notify  the  parent or other person legally responsible for his care, or
  the person with whom he is  domiciled,  that  he  has  been  taken  into
  custody.
    (b)  After  making  every  reasonable  effort  to  give  notice  under
  paragraph (a), the officer shall
    (i) release the youth to the custody of his or  her  parent  or  other
  person legally responsible for his or her care upon the written promise,
  without  security,  of the person to whose custody the youth is released
  that he or she will produce the youth before the lead agency  designated
  pursuant  to  section  seven hundred thirty-five of this article in that
  county at a time and place specified in writing; or
    (ii) forthwith and with all reasonable speed take the youth  directly,
  and  without  first  being  taken  to  the  police station house, to the
  designated  lead  agency  located  in  the  county  in  which  the   act
  occasioning  the  taking  into  custody  allegedly  was done, unless the
  officer determines that it is necessary to question the youth, in  which
  case  he or she may take the youth to a facility designated by the chief
  administrator of the courts as a suitable place for the  questioning  of
  youth  or,  upon  the  consent  of  a  parent  or  other  person legally
  responsible for the care of the youth,  to  the  youth's  residence  and
  there question him or her for a reasonable period of time; or
    (iii)  take a youth in need of crisis intervention or respite services
  to an approved runaway program  or  other  approved  respite  or  crisis
  program; or
    (iv) take the youth directly to the family court located in the county
  in which the act occasioning the taking into custody was allegedly done,
  provided that the officer affirms on the record that he or she attempted
  to  exercise the options identified in paragraphs (i), (ii) and (iii) of
  this subdivision, was unable to exercise these options, and the  reasons
  therefor.
    (c) In the absence of special circumstances, the officer shall release
  the child in accord with paragraph (b) (i).
    (d)  In  determining  what  is  a  "reasonable  period  of  time"  for
  questioning a child, the child's age and the presence or absence of  his
  parents  or  other  person  legally  responsible  for  his care shall be
  included among the relevant considerations.

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