Section 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.(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.Amended by 2021 Ch. 462, § 289, eff. 3/1/2022.Amended by 2021 Ch. 136, § 51, eff. 10/1/2021.Amended by 2020 Ch. 9, § 8, eff. 3/6/2020.Amended by 2017 Ch. 381, § 26, eff. 6/6/2017.Amended by 2013 Ch. 333, § 34, eff. 10/1/2013.Amended by 2013 Ch. 272, § 9, eff. 7/1/2013.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. 1430, p. 1430, § 9, effective July 1; (11) added, (SB 13-250), ch. 1925, p. 1925, § 34, effective October 1. L. 2017: (4.5) amended, (HB 17-1329), ch. 1972, p. 1972, § 26, effective June 6. L. 2020: (11) amended, (HB 20 -1019), ch. 26, p. 26, § 8, effective March 6. L. 2021: (4.5) and (11) amended, (SB 21-059), ch. 723, p. 723, § 51, effective October 1; (4), (4.5), (5), IP(6),(6)(a), and (6)(b) amended, (SB 21-271), ch. 3198, p. 3198, § 289, effective March 1, 2022.(1) Amendments to subsection (4.5) by SB 21-059 and SB 21-271 were harmonized, effective March 1, 2022.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (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.