§ 22-38. Escape from custody.

(a)

Escape from custody is escaping while held in custody on a charge, conviction of or arrest for a misdemeanor or violation of the city code or other codes of the city.

(b)

It shall be unlawful to commit the offense of escape from custody.

(c)

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; 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.

(d)

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.

(e)

Violation of this section is a Class A violation.

(Ord. No. 6309, § 3, 12-2-08; Ord. No. 7333, § 11, 12-19-17)