Statutory language is deemed ambiguous if reasonable persons could disagree about its meaning. When a statute is clear on its face, however, we will not look beyond the statutory language in applying it. Our consideration of the statutory language may properly include references to related statutes. Actual custody refers to actual imprisonment or physical detention, while constructive custody is the mere power, legal or physical, of imprisoning. Actual custody depends upon physical detention by an institution, institution guard, or peace officer.
Constructive custody is the power to take another into custody.
For example, a sheriff has constructive custody of a prisoner temporarily outside of the prison on work release because the sheriff has the power to impose confinement rather than allow release. However, the sheriff does not have the same power over probationers because probationers are under the continuing custody of the probation system and are not under sentence, therefore the sheriff has no power to revoke their probation and enforce imprisonment. While the definition of custody is consistent with the level of restraint required to constitute an arrest, the terms are not synonymous. Arrest is merely one manner in which a person can be placed in custody but it is not the only manner. Neither actual custody, i.e. physical detention, nor constructive custody, i.e. the power to detain, requires arrest or the power to arrest.