Section 17-27.5-104 - Escape from custody - duties of peace officer or community parole officer - definitions(1) If an offender fails to remain within the extended limits on the offender's confinement as established under the intensive supervision program; or, having been ordered by the parole board, the executive director, or the administrator of the program to return to the correctional institution, neglects or fails to do so; or knowingly removes or tampers with an electronic monitoring device that the offender is required to wear as a condition of parole, the offender is deemed to have committed the offense of unauthorized absence and shall, upon conviction thereof, be punished as provided in section 18-8-208.2.(2) When a peace officer or community parole officer has probable cause to believe that an offender has committed unauthorized absence, as described in subsection (1) of this section and section 18-8-208.2, by knowingly removing or tampering with an electronic monitoring device that he or she is required to wear as a condition of parole, the officer shall immediately seek a warrant for the offender's arrest or effectuate an immediate arrest if the offender is in the presence of the officer; except that, before an officer arrests an offender pursuant to this subsection (2), the officer, if practicable, shall determine that the notification of removal or tampering was not merely the result of an equipment malfunction.(3) Subsequent to any arrest pursuant to subsection (2) of this section, if a peace officer or community parole officer has probable cause to believe that a person has committed the offense of unauthorized absence pursuant to this section, the peace officer or community parole officer shall submit charges to the office of the district attorney for consideration of filing pursuant to section 16-5-205.(4) As used in this section, unless the context otherwise requires: (a) "Peace officer" means a certified peace officer described in section 16-2.5-102.(b) "Tampering" has the same meaning as set forth in section 17-1-102 (8.5).Amended by 2021 Ch. 459, § 9, eff. 7/6/2021.Amended by 2017 Ch. 94, § 1, eff. 8/9/2017.L. 89: Entire section added, p. 885, § 2, effective July 1. L. 2017: Entire section amended, (SB 17 -048), ch. 286, p. 286, § 1, effective August 9. L. 2021: (1), (2), and (3) amended, (SB 21-146), ch. 3085, p. 3085, § 9, effective July 6.