(1) Except as otherwise provided in subsection (1.5) of this section, if a person, while in custody or confinement following conviction of a felony, knowingly attempts to escape from said custody or confinement, he or she commits a class 4 felony. The sentence imposed pursuant to this subsection (1) shall run consecutively with any sentences being served by the offender.
(1.5) 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) If a person, while in custody or confinement and held for or charged with
but not convicted of a felony, knowingly attempts to escape from said custody or
confinement, he commits a class 5 felony. If the person is convicted of the felony or
other crime for which he was originally in custody or confinement, the sentence
imposed pursuant to this subsection (2) shall run consecutively with any sentences
being served by the offender.
(3) If a person, while in custody or confinement following conviction of a
misdemeanor or petty offense, knowingly attempts to escape from said custody or
confinement, the person commits a class 2 misdemeanor. The sentence imposed
pursuant to this subsection (3) shall run consecutively with any sentences being
served by the offender.
(4) If a person, while in custody or confinement and held for or charged with
but not convicted of a misdemeanor or petty offense, knowingly attempts to escape
from said custody or confinement, he is guilty of a petty offense and, upon
conviction thereof, shall be punished by imprisonment in the county jail for not less
than two months nor more than four months. If the person is convicted of the
misdemeanor or petty offense for which he was originally in custody or
confinement, the sentence imposed pursuant to this subsection (4) shall run
consecutively with any sentences being served by the offender.
(5) The sentences imposed by subsections (1), (1.5), and (2) of this section and
the minimum sentences imposed by subsections (3) and (4) 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.
(6) Repealed.
(7) A person held in a staff secure facility, as defined in section 19-2.5-102, is
deemed in custody or confinement for purposes of this section.
L. 76, Ex. Sess.: Entire section added, p. 10, § 3, effective September 18. L. 77: (1) and (2) amended, p. 878, § 48, effective July 1, 1979. L. 79: (5) amended, p. 671, § 22, effective March 29. L. 81: (1) and (3) amended, p. 1008, § 2, effective June 12. L. 87: (6) amended, p. 667, § 5, effective May 16. L. 89: (6) amended, p. 885, § 3, effective July 1. L. 96: (5) amended, p. 1844, § 11, effective July 1; (7) added, p. 1682, § 8, effective January 1, 1997. L. 2002: (5) and (6) amended, p. 1516, § 203, effective October 1. L. 2010: (1) and (5) amended and (1.5) added, (HB 10-1373), ch. 260, p. 1178, § 1, effective May 25. L. 2020: (1.5) amended and (6) repealed, (HB 20-1019), ch. 9, p. 27, § 9, effective March 6. L. 2021: (1.5) and (7) amended, (SB 21-059), ch. 136, p. 723, § 52, effective October 1; (3) amended, (SB 21-271), ch. 462, p. 3198, § 290, effective March 1, 2022.
The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
For the legislative declaration contained in the 2002 act amending subsections (5) and (6), see section 1 of chapter 318, Session Laws of Colorado 2002.
