Oregon Appellate Court - September 18, 2013
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by: Cmaloney and Abassos • September 18, 2013 • no comments
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'''Escape II – No escape occurs when a temporarily released inmate walks away from an authorized program''' | '''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 | + | 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. [http://www.publications.ojd.state.or.us/docs/A146586.pdf State v. Gruver], 258 Or App ___ (2013) |
{{wl-publish: 2013-09-18 15:26:39 -0700 | Cmaloney:Crystal Maloney }} | {{wl-publish: 2013-09-18 15:26:39 -0700 | Cmaloney:Crystal Maloney }} | ||
+ | {{wl-publish: 2013-09-18 15:26:39 -0700 | abassos }} |
Latest revision as of 16:47, September 19, 2013
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)