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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
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