Oregon Appellate Court - September 18, 2013

by: Cmaloney and Abassos • September 18, 2013 • no comments

Escape II – No escape occurs when a temporarily released inmate walks away from an authorized program

For escape in the second degree, a defendant is not constructively in a correctional facility when temporarily released for an off premise program that is unsupervised by law enforcement officials. Here, defendant was temporarily released from jail to work at an animal shelter run by the county sheriff. However, it was not Escape II when he walked away because the supervising manager of the shelter was a civilian. Defendant was guilty of unauthorized departure. State v. Gruver, 258 Or App ___ (2013)