§352-26  Taking into custody and detaining
persons for violations of terms and conditions of parole and furlough and
attempted escape.  (a)  With respect to any person whose legal custody was
vested in the director, who has been paroled or furloughed from a youth
correctional facility by the director and returned to the person's own home or
other place within the community, the provisions of subsection (b) or (c) shall
apply, if, in the opinion of a designated employee of the department, such
person is in violation of the terms and conditions of the person's parole or
furlough.



(b)  In the case of a person under nineteen
years of age, such designated employee may:



(1)  Notify the director or the director's designated
agent of such alleged violation and, if the director issues a written order to
such effect, take such person into custody and place such person in such
appropriate youth correctional facility as may be designated in such order
until determinations as to such person's further care and treatment are made. 
In the event of retaking for an alleged violation of parole, the director or
the director's agent shall notify the person, and the person's parent,
guardian, or custodian of the right to legal counsel and to appeal the issuance
and execution of such order.  The office of juvenile parole shall hold a
hearing within thirty days after the person's return to determine whether
parole should be revoked.  The juvenile parole office staff shall render
reasonable aid to the person in preparation for the hearing.



(2)  Take such person into custody and place the
person in an appropriate youth correctional facility until determinations as to
such person's further care and treatment are made by the department if such
employee has reason to believe that permitting such person to remain in the
person's own home or other place within the community would be dangerous to the
person or to the community or that such person is about to flee the
jurisdiction of the department.  Such employee, at the time of taking such person
into custody, shall advise such person as to the specific terms and conditions
of the person's parole or furlough which the person is alleged to have violated
and of the person's right to legal counsel and appeal.  Provisions regarding
possible parole revocation shall apply as enumerated in paragraph (1).



(c)  In the case of a nineteen-year-old person
such a designated employee may:



(1)  Take the person into custody and place the person
in an appropriate adult correctional facility if the alleged violation
constitutes a crime and the director has been notified and subsequently issued
a written order to that effect.  In the event of retaking for such an alleged
violation of parole, the director or the director's agent shall notify the
person of the right to legal counsel and to appeal the issuance and execution
of such order.  The office of juvenile parole shall hold a hearing within
thirty days after the person's incarceration in an adult facility to determine
whether parole should be revoked.  The juvenile parole office staff shall
render reasonable aid to the person in preparation for the hearing.



(2)  Notify the director of an alleged violation of
parole.  The director may petition the family court for an ex parte order based
on the alleged violation to take the person into custody and place the person
in an appropriate adult correctional facility.  The person shall be notified of
the issuance and execution of such a court order and of the right to legal
counsel and appeal.  A juvenile parole office hearing shall be held within
thirty days after a person's placement in an adult facility to determine
whether parole shall be revoked.



(d)  Any person whose legal custody has been
vested in the director and who has escaped from the facility may be taken into
custody by a police officer or an employee of the department without a warrant
or an order issued by the director and returned to the facility.



(e)  When called upon by any designated
employee of the department, any police officer shall assist in taking a person
into custody pursuant to the provisions of this section. [L 1980, c 303, pt of
§8(1)]