(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.
(2) For the legislative declaration contained in the 2002 act amending
subsection (9), see section 1 of chapter 318, Session Laws of Colorado 2002.
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.
Amendments to subsection (4.5) by SB 21-059 and SB 21-271 were harmonized, effective March 1, 2022.
(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.
