§352-26  Taking into custody and detainingpersons for violations of terms and conditions of parole and furlough andattempted escape.  (a)  With respect to any person whose legal custody wasvested in the director, who has been paroled or furloughed from a youthcorrectional facility by the director and returned to the person's own home orother place within the community, the provisions of subsection (b) or (c) shallapply, if, in the opinion of a designated employee of the department, suchperson is in violation of the terms and conditions of the person's parole orfurlough.

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

(1)  Notify the director or the director's designatedagent of such alleged violation and, if the director issues a written order tosuch effect, take such person into custody and place such person in suchappropriate youth correctional facility as may be designated in such orderuntil 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 orthe 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 issuanceand execution of such order.  The office of juvenile parole shall hold ahearing within thirty days after the person's return to determine whetherparole should be revoked.  The juvenile parole office staff shall renderreasonable aid to the person in preparation for the hearing.

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

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

(1)  Take the person into custody and place the personin an appropriate adult correctional facility if the alleged violationconstitutes a crime and the director has been notified and subsequently issueda written order to that effect.  In the event of retaking for such an allegedviolation of parole, the director or the director's agent shall notify theperson of the right to legal counsel and to appeal the issuance and executionof such order.  The office of juvenile parole shall hold a hearing withinthirty days after the person's incarceration in an adult facility to determinewhether parole should be revoked.  The juvenile parole office staff shallrender reasonable aid to the person in preparation for the hearing.

(2)  Notify the director of an alleged violation ofparole.  The director may petition the family court for an ex parte order basedon the alleged violation to take the person into custody and place the personin an appropriate adult correctional facility.  The person shall be notified ofthe issuance and execution of such a court order and of the right to legalcounsel and appeal.  A juvenile parole office hearing shall be held withinthirty days after a person's placement in an adult facility to determinewhether parole shall be revoked.

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

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