9.08.060 Escape from Custody.
A. Escape from custody is escaping while held in lawful custody on a charge, arrest for or conviction of a public offense, or on a charge, arrest or adjudication as a juvenile offender, where the act, if committed by an adult, would constitute a public offense, or on a commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed an act constituting a public offense or by a person 18 years of age or over who is being held in lawful custody on an adjudication of a misdemeanor or public offense.
B. As used in this Section:
1. Custody means arrest; detention in a facility for holding persons charged with or convicted of offenses or charged or adjudicated as a juvenile offender, where the act, if committed by an adult, would constitute an offense; detention in a facility for holding persons adjudicated as juvenile offenders; 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.
3. 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.
C. Escape from custody is a Class A Public Offense. (Ord. 12-38 § 8, 2012; Ord. 99-24 § 22, 1999; Ord. 83-75 § 2, 1983.)