TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 25

ESCAPE OR RESCUE OF PRISONERS

18-2505.  Escape by one charged with, convicted of, or on probation for a felony — Escape by a juvenile from custody. (1) Every prisoner charged with, convicted of, or on probation for a felony who is confined in any correctional facility, as defined in section 18-101A, Idaho Code, including any private correctional facility, or who while outside the walls of such correctional facility in the proper custody of any officer or person, or while in any factory, farm or other place without the walls of such correctional facility, who escapes or attempts to escape from such officer or person, or from such correctional facility, or from such factory, farm or other place without the walls of such correctional facility, shall be guilty of a felony, and upon conviction thereof, any such second term of imprisonment shall commence at the time he would otherwise have been discharged. Escape shall be deemed to include abandonment of a job site or work assignment without the permission of an employment supervisor or officer. Escape includes the intentional act of leaving the area of restriction set forth in a court order admitting a person to bail or release on a person’s own recognizance with electronic or global positioning system tracking or monitoring, or the area of restriction set forth in a sentencing order, except for leaving the area of restriction for the purpose of obtaining emergency medical care. A person may not be charged with the crime of escape for leaving the aforementioned area of restriction unless the person was notified in writing by the court at the time of setting of bail, release or sentencing of the consequences of violating this section by intentionally leaving the area of restriction.

(2)  Any person who is charged with, found to have committed, adjudicated for or is on probation for an offense which would be a felony if committed by an adult, and who is confined in a juvenile detention facility or other secure or nonsecure facility for juveniles and who escapes or attempts to escape from the facility or from the lawful custody of any officer or person shall be subject to proceedings under chapter 5, title 20, Idaho Code, for an offense which would be a felony if committed by an adult. If the juvenile is or has been proceeded against as an adult, pursuant to section 20-508 or 20-509, Idaho Code, or was eighteen (18) years of age or older at the time of the escape or attempted escape, the person shall be guilty of a felony for a violation of this section and shall be subject to adult criminal proceedings.

History:

[18-2505, as added by 1972, ch. 336, sec. 1, p. 896; am. 1990, ch. 313, sec. 1, p. 858; am. 1995, ch. 74, sec. 1, p. 195; am. 1997, ch. 77, sec. 1, p. 161; am. 1998, ch. 359, sec. 1, p. 1123; am. 2000, ch. 106, sec. 1, p. 235; am. 2000, ch. 151, sec. 1, p. 387; am. 2000, ch. 272, sec. 6, p. 790; am. 2004, ch. 50, sec. 1, p. 236; am. 2007, ch. 114, sec. 1, p. 329; am. 2010, ch. 28, sec. 1, p. 47; am. 2015, ch. 75, sec. 1, p. 197.]