Escapes

18-8-208. Escapes. (1) A person commits a class 2 felony if, while being in custody or confinement following conviction of a class 1 or class 2 felony, he knowingly escapes from said custody or confinement. (2) A person commits a class 3 felony if, while being in custody or confinement following conviction of a felony other than a class 1 or class 2 felony, he knowingly escapes from said custody or confinement. (3) A person commits a class 4 felony if, while being in custody or confinement and held for or charged with but not convicted of a felony, he knowingly escapes from said custody or confinement. (4) A person commits a class 2 misdemeanor if, while being in custody or confinement following conviction of a misdemeanor or petty offense or a violation of a municipal ordinance, he or she knowingly escapes from said place of custody or confinement. (4.5) A person commits a class 2 misdemeanor if the person has been committed to the division of youth services in the department of human services for a delinquent act, is more than eighteen years of age, and escapes from a staff secure facility as defined in section 19-2.5-102, other than a state-operated locked facility. (5) A person commits a petty offense if, while being in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense or violation of a municipal ordinance, he or she knowingly escapes from said custody or confinement. (6) A person who knowingly escapes confinement while being confined pursuant to a commitment under article 8 of title 16: (a) Commits a class 2 misdemeanor if the person had been charged with a misdemeanor at the proceeding in which the person was committed; (b) Commits a class 2 misdemeanor if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person does not travel from the state of Colorado; (c) Commits a class 5 felony if the person had been charged with a felony at the proceeding in which the person was committed, if in the escape the person travels outside of the state of Colorado. (7) In a prosecution for an offense under subsection (6) of this section, it shall be a defense for any person who, while being confined pursuant to a commitment under article 8 of title 16, C.R.S., escapes and who voluntarily returns to the place of confinement. (8) A person commits a class 5 felony if he knowingly escapes while in custody or confinement pursuant to the provisions of article 19 of title 16, C.R.S. (9) The minimum sentences provided by sections 18-1.3-401, 18-1.3-501, and 18-1.3-503, respectively, for violation of the provisions of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section 18-1.3-407. The provisions of this subsection (9) do not apply to subsection (4.5) of this section. (10) Repealed. (11) If a person is serving a direct sentence to a community corrections program pursuant to section 18-1.3-301, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section 17-27.5-101, or is participating in a work release or home detention program pursuant to section 18-1.3-106 (1.1), intensive supervision program or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section 18-8-203 (3), is housed in a staff secure facility as defined in section 19-2.5-102, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section 18-1.3-204 (2.2) or 18-1.3-301 (4)(b), then the person is not in custody or confinement for purposes of this section. Source: L. 71: R&RE, p. 459, � 1. C.R.S. 1963: � 40-8-208. L. 75: (6) and (7) added, p. 638, � 1, effective May 22. L. 77: (8) added, p. 988, � 1, effective May 26; (1) to (5) and IP(6) amended, p. 966, � 43, effective July 1. L. 78: (8) amended, p. 263, � 50, effective May 23. L. 81: (1), (2), and (4) amended, p. 1008, � 1, effective June 12. L. 95: (9) added, p. 1255, � 16, effective July 1. L. 96: (9) amended, p. 1843, � 10, effective July 1; (10) added, p. 1682, � 7, effective January 1, 1997. L. 2000: (4) and (5) amended, p. 692, � 1, effective July 1. L. 2002: (9) amended, p. 1516, � 202, effective October 1. L. 2013: (4.5) added, (9) amended, and (10) repealed, (SB 13-229), ch. 272, p. 1430, � 9, effective July 1; (11) added, (SB 13-250), ch. 333, p. 1925, � 34, effective October 1. L. 2017: (4.5) amended, (HB 17-1329), ch. 381, p. 1972, � 26, effective June 6. L. 2020: (11) amended, (HB 20-1019), ch. 9, p. 26, � 8, effective March 6. L. 2021: (4.5) and (11) amended, (SB 21-059), ch. 136, p. 723, � 51, effective October 1; (4), (4.5), (5), IP(6),(6)(a), and (6)(b) amended, (SB 21-271), ch. 462, p. 3198, � 289, effective March 1, 2022. Editor's note: Amendments to subsection (4.5) by SB 21-059 and SB 21-271 were harmonized, effective March 1, 2022. Cross references: (1) For absence from supervision constituting escape by a defendant conditionally released after verdict of not guilty by reason of insanity or by reason of impaired mental condition, see � 16-8-115 (3)(c); for failure to remain at or return to a community correctional facility constituting escape, see � 17-27-106. (2) For the legislative declaration contained in the 2002 act amending subsection (9), see section 1 of chapter 318, Session Laws of Colorado 2002.