Text: HSB00597 Text: HSB00599 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 719.4, subsections 1 and 2, Code 1995, 1 2 are amended by striking the subsections and inserting in lieu 1 3 thereof the following: 1 4 1. As used in this section, "escape" means either of the 1 5 following: 1 6 a. To depart from detention or custody in a secure 1 7 facility for the detention or custody of juveniles or from 1 8 custody or from a jail, detention facility, community-based 1 9 corrections facility, correctional facility, or institution to 1 10 which the person has been committed by reason of the 1 11 conviction, charge, or arrest, or from the custody of any 1 12 public officer or employee to whom the person has been 1 13 entrusted, when the person knows that the person is not 1 14 permitted to leave custody or the correctional facility. 1 15 b. Failure to return to a secure facility for the 1 16 detention or custody of juveniles or a jail, detention 1 17 facility, community-based corrections facility, correctional 1 18 facility, or institution to which the person has been 1 19 committed by reason of the conviction, charge, or arrest, or 1 20 from the custody of any public officer or employee to whom the 1 21 person has been entrusted, following a temporary leave granted 1 22 for a specific purpose or for a limited period of time. 1 23 2. a. A person convicted of a felony, or charged with or 1 24 arrested for the commission of a felony who intentionally 1 25 escapes commits a class "C" felony. 1 26 b. A person convicted of, charged with, or arrested for a 1 27 misdemeanor who intentionally escapes commits an aggravated 1 28 misdemeanor. 1 29 EXPLANATION 1 30 This bill defines escape from detention, custody, or from a 1 31 correctional facility. Escape under this bill occurs when a 1 32 person, including a juvenile, in custody or detention, or in a 1 33 jail, detention facility, community-based corrections 1 34 facility, correctional facility, or institution leaves custody 1 35 or the facility when the person knows leaving is not permitted 2 1 or when the person fails to return to custody, detention, or 2 2 to a correctional facility after being granted leave from 2 3 custody or the facility. 2 4 The bill also increases the penalty for escape by a person 2 5 convicted of a felony from a class "D" to a class "C" felony. 2 6 The penalty for a person convicted of a misdemeanor who 2 7 escapes is increased from a serious to an aggravated 2 8 misdemeanor. 2 9 BACKGROUND STATEMENT 2 10 SUBMITTED BY THE AGENCY 2 11 This proposal addresses the serious threat to public safety 2 12 that occurs when prisoners escape from a correctional facility 2 13 by enhancing the penalty for escape and providing a clear 2 14 definition of the term escape, which is lacking in our current 2 15 law. 2 16 Currently, it is a class "D" felony if an escape involves 2 17 an actual jail break or departure from physical restraint, but 2 18 it is only a serious misdemeanor if a prisoner walks away from 2 19 a treatment center, work site, or furlough (situations not 2 20 involving physical restraint). The situation of "walking 2 21 away" is currently termed voluntary absence. 2 22 The risk to a prisoner of a relatively short additional 2 23 period of incarceration resulting from a conviction for 2 24 voluntary absence may not be a sufficient deterrent to inmates 2 25 considering such actions. 2 26 The increased penalty for escape in this proposal is a 2 27 class "C" felony for prisoners serving time for felonies and 2 28 an aggravated misdemeanor for prisoners serving time for 2 29 misdemeanors. 2 30 This proposal also addresses an Iowa supreme court opinion 2 31 that found that felons who fail to return to a work release 2 32 center may not be prosecuted for escape, but instead may only 2 33 be prosecuted for voluntary absence. This proposal defines 2 34 escape to include failure to return to custody following a 2 35 temporary leave, such as going to or from a job site or to and 3 1 from a treatment facility. 3 2 LSB 3348XD 76 3 3 mk/cf/24
Text: HSB00597 Text: HSB00599 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/HSB/00500/HSB00598/960205.html
jhf