Colorado § 17-27-106 - Escape from custody from a community corrections program.

§ 17-27-106. Escape from custody from a community corrections program.

(1) (a) If an offender fails to remain within the extended limits of such offender's confinement or placement or fails to return within the time prescribed to any community corrections program to which such offender was assigned or transferred or if any offender who participates in a program established under the provisions of this article leaves such offender's place of employment or, having been ordered by the executive director of the department of corrections or the chief probation officer of the judicial district to return to the community corrections program, neglects or fails to do so, such offender shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 18-8-208, C.R.S., and all reductions in sentence authorized by part 2 of article 22.5 of this title shall be forfeited.

(b) (I) In addition to the forfeiture of all reductions in sentence authorized by part 2 of article 22.5 of this title, any person convicted of escape from custody from a community correction program in violation of paragraph (a) of this subsection (1) shall also forfeit all reductions in sentence authorized by section 18-1.3-301 (1)(i), C.R.S.

(II) Repealed.

(2) The division of criminal justice is hereby authorized to provide notice to appropriate law enforcement agencies and the sentencing court, if applicable, that there is probable cause to believe that an offender has escaped from custody.

Source: L. 93: Entire article R&RE, p. 716, § 1, effective July 1. L. 95: Entire section amended, p. 81, § 3, effective March 23. L. 99: (1) amended, p. 661, § 2, effective July 1. L. 2001: (1)(b)(II) repealed, p. 527, § 2, effective May 22. L. 2002: (1)(b)(I) amended, p. 1508, § 170, effective October 1.

Editor's note: This section is similar to former § 17-27-108 as it existed prior to 1993.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (1)(b)(I), see section 1 of chapter 318, Session Laws of Colorado 2002.

ANNOTATION

Annotator's note. Since § 17-27-106 is similar to § 17-27-108 as it existed prior to the 1993 repeal and reenactment of this article, relevant cases construing those provisions have been included in the annotations to this section.

Section applies to work release facilities. This section covers both traditional penitentiary type institutions operated by the state department of corrections and less traditional correctional facilities such as work release facilities. People v. Lucero, 654 P.2d 835 (Colo. 1982).

The failure to return to a work release facility upon the expiration of a 10-hour pass is punishable as escape under § 18-8-208. People v. Lucero, 654 P.2d 835 (Colo. 1982).

Leaving a community corrections facility without authorization constitutes escape under § 18-8-208 because offender is still in custody and subject to the authority of the court. People v. Brown, 695 P.2d 776 (Colo. App. 1984).

Person who absconds from a non-residential community corrections placement commits the crime of escape in violation of this section and § 18-8-208. By its plain language, the section applies to all types of community corrections placements, including non-residential community corrections programs. People v. Forester, 1 P.3d 758 (Colo. App. 2000).

A parolee may be convicted of escape even if there is a legal defect in the process of confinement. Such defects are to be challenged through appropriate legal means rather than through unauthorized departure from a custodial facility. People v. Lanzieri, 25 P.3d 1170 (Colo. 2001).

Delegating supervisory power to probation department and community corrections facility is not an unlawful delegation of the court's sentencing authority as the offender is still in custody and subject to authority of the court. People v. Brown, 695 P.2d 776 (Colo. App. 1984).