(1.5) 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.
(3) [ Editor's note: This version of subsection (3) is effective March 1, 2022. ] If a person, while in custody or confinement following conviction of a misdemeanor or petty offense, knowingly attempts to escape from said custody or confinement, the person commits a class 2 misdemeanor. The sentence imposed pursuant to this subsection (3) shall run consecutively with any sentences being served by the offender.
Source: L. 76, Ex. Sess.: Entire section added, p. 10, § 3, effective September 18. L. 77: (1) and (2) amended, p. 878, § 48, effective July 1, 1979. L. 79: (5) amended, p. 671, § 22, effective March 29. L. 81: (1) and (3) amended, p. 1008, § 2, effective June 12. L. 87: (6) amended, p. 667, § 5, effective May 16. L. 89: (6) amended, p. 885, § 3, effective July 1. L. 96: (5) amended, p. 1844, § 11, effective July 1; (7) added, p. 1682, § 8, effective January 1, 1997. L. 2002: (5) and (6) amended, p. 1516, § 203, effective October 1. L. 2010: (1) and (5) amended and (1.5) added, (HB 10-1373), ch. 260, p. 1178, § 1, effective May 25. L. 2020: (1.5) amended and (6) repealed, (HB 20-1019), ch. 9, p. 27, § 9, effective March 6. L. 2021: (1.5) and (7) amended, (SB 21-059), ch. 136, p. 723, § 52, effective October 1; (3) amended, (SB 21-271), ch. 462, p. 3198, § 290, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending subsections (5) and (6), see section 1 of chapter 318, Session Laws of Colorado 2002.
Structure Colorado Code
Article 8 - Offenses - Governmental Operations
Part 2 - Escape and Offenses Relating to Custody
§ 18-8-202. Inducing Prisoners to Absent Selves - Repeal
§ 18-8-203. Introducing Contraband in the First Degree
§ 18-8-204. Introducing Contraband in the Second Degree - Definition
§ 18-8-204.1. Possession of Contraband in the First Degree - Repeal
§ 18-8-204.2. Possession of Contraband in the Second Degree
§ 18-8-205. Aiding Escape From Civil Process - Repeal
§ 18-8-206. Assault During Escape
§ 18-8-208.1. Attempt to Escape
§ 18-8-208.2. Unauthorized Absence
§ 18-8-209. Concurrent and Consecutive Sentences
§ 18-8-210. Persons in Custody or Confinement for Unclassified Offenses - Repeal
§ 18-8-210.1. Persons in Custody or Confinement - Juvenile Offenders
§ 18-8-210.2. Persons in Custody or Confinement
§ 18-8-211. Riots in Detention Facilities
§ 18-8-212. Violation of Bail Bond Conditions
§ 18-8-213. Unauthorized Residency by an Adult Offender From Another State