State v. Lonechild

Citations

• 2023 ND 112

Syllabus

A defendant may be charged with escape under N.D.C.C. § 12.1-08-06 if they are in custody at a facility for custody of persons under charge or conviction of an offense, leave while participating in a work release program, and fail to return to the facility. \Official detention\ as defined by N.D.C.C. § 12.1-08-06(3)(b) precludes only \supervision on probation\ and \constraint incidental to release.\ The definition of \official detention\ does not preclude custody while on probation.