§ 22-345. Escape from custody.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Custody means arrest; detention in a facility for holding persons charged with or convicted of crimes, detention for extradition or deportation, detention in a hospital or other facility pursuant to court order, imposed as a specific condition of probation or parole or imposed as a specific condition of assignment to a community correctional services program; commitment to the state security hospital as provided in K.S.A. 22-3428, and amendments thereto; or any other detention for law enforcement purposes. "Custody" does not include general supervision of a person on probation or parole or constraint incidental to release on bail.

(2)

Escape means departure from custody without lawful authority or failure to return to custody following temporary leave lawfully granted pursuant to express authorization of law or order of a court.

(b)

Escape from custody is escaping while held in custody on a:

(1)

Charge, conviction of or arrest for a misdemeanor or ordinance violation;

(2)

Commitment to the state security hospital as provided by K.S.A. 22-3428, and amendments thereto, based on a finding that the person committed an act constituting a misdemeanor or by a person 18 years of age or over who is being held in custody on an adjudication of a misdemeanor or ordinance violation.

(c)

As used in this section, the term charge shall not require that the offender was held on a written charge contained in a complaint, information or indictment, if such offender was arrested prior to such offender's escape from custody.

(d)

Escape from custody is a class A violation.

(Code 1964, § 29-11; Code 1988, § 22-273; Ord. No. 65498, § 75, 1-4-1990; Ord. No. O-36-13, § 9, 6-6-2013; Ord. No. O-48-15 , § 2, 8-13-2015)

State law reference

Similar provisions, K.S.A. 21-3809.