2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 8 - OFFENSES - GOVERNMENTAL OPERATIONS (§§ 18-8-101 — 18-8-805) › Part 2 - ESCAPE AND OFFENSES RELATING TO CUSTODY (§§ 18-8-201 — 18-8-213) › Section 18-8-208.1 - Attempt to escape

(1)
Except as otherwise provided in subsection (1.5) of this section, if a person, while in custody or confinement following conviction of a felony, knowingly attempts to escape from said custody or confinement, he or she commits a class 4 felony. The sentence imposed pursuant to this subsection (1) shall run consecutively with any sentences being served by the offender.
(1.5)
If a person is serving a direct sentence to a community corrections program pursuant to section
18-1.3-301
, or is transitioning from the department of corrections to a community corrections program, or is placed in an intensive supervision program pursuant to section
17-27.5-101
, or is participating in a work release or home detention program pursuant to section
18-1.3-106
(1.1), intensive supervision program, or any other similar authorized supervised or unsupervised absence from a detention facility as defined in section
18-8-203 (3)
, is housed in a staff secure facility as defined in section
19-2.5-102
, or is placed in a community corrections program for purposes of obtaining residential treatment as a condition of probation pursuant to section
18-1.3-204
(2.2) or
18-1.3-301 (4)(b)
, then the person is not in custody or confinement for purposes of this section.
(2)
If a person, while in custody or confinement and held for or charged with but not convicted of a felony, knowingly attempts to escape from said custody or confinement, he commits a class 5 felony. If the person is convicted of the felony or other crime for which he was originally in custody or confinement, the sentence imposed pursuant to this subsection (2) shall run consecutively with any sentences being served by the offender.
(3)
If a person, while in custody or confinement following conviction of a misdemeanor or petty offense, knowingly attempts to escape from said custody or confinement, the person commits a class 2 misdemeanor. The sentence imposed pursuant to this subsection (3) shall run consecutively with any sentences being served by the offender.
(4)
If a person, while in custody or confinement and held for or charged with but not convicted of a misdemeanor or petty offense, knowingly attempts to escape from said custody or confinement, he is guilty of a petty offense and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than two months nor more than four months. If the person is convicted of the misdemeanor or petty offense for which he was originally in custody or confinement, the sentence imposed pursuant to this subsection (4) shall run consecutively with any sentences being served by the offender.
(5)
The sentences imposed by subsections (1), (1.5), and (2) of this section and the minimum sentences imposed by subsections (3) and (4) of this section shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part; except that the court may grant a suspended sentence if the court is sentencing a person to the youthful offender system pursuant to section
18-1.3-407
.
(6)
Repealed.
(7)
A person held in a staff secure facility, as defined in section
19-2.5-102
, is deemed in custody or confinement for purposes of this section.
Amended by 2021 Ch. 462, § 290, eff. 3/1/2022.
Amended by 2021 Ch. 136, § 52, eff. 10/1/2021.
Amended by 2020 Ch. 9, § 9, eff. 3/6/2020.
L. 76, Ex. Sess.: Entire section added, p. 10, § 3, effective September 18. L. 77: (1) and (2) amended, p. 878, § 48, effective 7/1/1979. L. 79: (5) amended, p. 671, § 22, effective March 29. L. 81: (1) and (3) amended, p. 1008, § 2, effective June 12. L. 87: (6) amended, p. 667, § 5, effective May 16. L. 89: (6) amended, p. 885, § 3, effective July 1. L. 96: (5) amended, p. 1844, § 11, effective July 1; (7) added, p. 1682, § 8, effective 1/1/1997. L. 2002: (5) and (6) amended, p. 1516, § 203, effective October 1. L. 2010: (1) and (5) amended and (1.5) added, (HB 10-1373), ch. 1178, p. 1178, § 1, effective May 25. L. 2020: (1.5) amended and (6) repealed, (HB 20 -1019), ch. 27, p. 27, § 9, effective March 6. L. 2021: (1.5) and (7) amended, (SB 21-059), ch. 723, p. 723, § 52, effective October 1; (3) amended, (SB 21-271), ch. 3198, p. 3198, § 290, effective 3/1/2022.
(1) The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 574 (1980).
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsections (5) and (6), see section 1 of chapter 318, Session Laws of Colorado 2002.