|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 26
|
|
|
|
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(I) TEMPORARILY RELEASED FROM A PLACE OF CONFINEMENT;
OR
(II) COMMITTED TO HOME DETENTION UNDER THE TERMS OF
PRETRIAL RELEASE OR BY THE DIVISION OF CORRECTION UNDER TITLE 3, SUBTITLE
4 OF THE CORRECTIONAL SERVICES ARTICLE.
(2) A PERSON MAY NOT KNOWINGLY:
(I) VIOLATE ANY RESTRICTION ON MOVEMENT IMPOSED UNDER
THE TERMS OF A TEMPORARY RELEASE OR A HOME DETENTION ORDER OR
AGREEMENT; OR
(II) FAIL TO RETURN TO A PLACE OF CONFINEMENT UNDER THE
TERMS OF A TEMPORARY RELEASE OR A HOME DETENTION ORDER OR AGREEMENT.
(D) PENALTY.
EXCEPT AS PROVIDED IN § 9-405 OF THIS SUBTITLE, A PERSON WHO VIOLATES
THIS SECTION IS GUILTY OF THE FELONY OF ESCAPE IN THE FIRST DEGREE AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 10 YEARS OR A FINE
NOT EXCEEDING $20,000 OR BOTH.
REVISOR'S NOTE: Subsections (a), (c), and (d) of this section are new language
derived without substantive change from former Art. 27, § 137.
Subsection (b) of this section is new language added to state explicitly that
which was only implied by the former law, i.e. that an escape from a
juvenile facility involving an assault is escape in the first degree. See §
9-105(a)(4) of this subtitle.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that the forms of home detention listed in
subsection (c)(1)(ii) of this section do not cover home detention programs
administered by counties or other available forms of custodial
confinement. See Ch. 356, Acts of 2001.
Defined terms: "Escape" § 9-401
"Person" § 1-101
"Place of confinement" § 9-401
9-405. ESCAPE IN THE SECOND DEGREE.
(A) PROHIBITED.
(1) A PERSON WHO HAS BEEN LAWFULLY ARRESTED MAY NOT
KNOWINGLY DEPART FROM CUSTODY WITHOUT THE AUTHORIZATION OF A LAW
ENFORCEMENT OR JUDICIAL OFFICER
(2) A PERSON MAY NOT KNOWINGLY FAIL TO OBEY A COURT ORDER TO
REPORT TO A PLACE OF CONFINEMENT.
|
|
|
|
|
|
|
|
|
|
- 672 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
