2009 California Penal Code - Section 4530-4537 :: Article 1. Escapes

PENAL CODE
SECTION 4530-4537

4530.  (a) Every prisoner confined in a state prison who, by force
or violence, escapes or attempts to escape therefrom and every
prisoner committed to a state prison who, by force or violence,
escapes or attempts to escape while being conveyed to or from such
prison or any other state prison, or any prison road camp, prison
forestry camp, or other prison camp or prison farm or any other place
while under the custody of prison officials, officers or employees;
or who, by force or violence, escapes or attempts to escape from any
prison road camp, prison forestry camp, or other prison camp or
prison farm or other place while under the custody of prison
officials, officers or employees; or who, by force or violence,
escapes or attempts to escape while at work outside or away from
prison under custody of prison officials, officers, or employees, is
punishable by imprisonment in a state prison for a term of two, four,
or six years. The second term of imprisonment of a person convicted
under this subdivision shall commence from the time he would
otherwise have been discharged from prison. No additional probation
report shall be required with respect to such offense.
   (b) Every prisoner who commits an escape or attempts an escape as
described in subdivision (a), without force or violence, is
punishable by imprisonment in the state prison for 16 months, or two
or three years to be served consecutively. No additional probation
report shall be required with respect to such offense.
   (c) The willful failure of a prisoner who is employed or
continuing his education, or who is authorized to secure employment
or education, or who is temporarily released pursuant to Section
2690, 2910, or 6254, or Section 3306 of the Welfare and Institutions
Code, to return to the place of confinement not later than the
expiration of a period during which he or she is authorized to be
away from the place of confinement, is an escape from the place of
confinement punishable as provided in this section. A conviction of a
violation of this subdivision, not involving force or violence,
shall not be charged as a prior felony conviction in any subsequent
prosecution for a public offense.

4530.5.  For the purposes of punishing escapes or attempts to escape
under Section 4530, a person is deemed confined in a "state prison"
if he is an adult prisoner confined in the Deuel Vocational
Institution.

4532.  (a) (1) Every prisoner arrested and booked for, charged with,
or convicted of a misdemeanor, and every person committed under the
terms of Section 5654, 5656, or 5677 of the Welfare and Institutions
Code as an inebriate, who is confined in any county or city jail,
prison, industrial farm, or industrial road camp, is engaged on any
county road or other county work, is in the lawful custody of any
officer or person, is employed or continuing in his or her regular
educational program or authorized to secure employment or education
away from the place of confinement, pursuant to the Cobey Work
Furlough Law (Section 1208), is authorized for temporary release for
family emergencies or for purposes preparatory to his or her return
to the community pursuant to Section 4018.6, or is a participant in a
home detention program pursuant to Section 1203.016, and who
thereafter escapes or attempts to escape from the county or city
jail, prison, industrial farm, or industrial road camp or from the
custody of the officer or person in charge of him or her while
engaged in or going to or returning from the county work or from the
custody of any officer or person in whose lawful custody he or she
is, or from the place of confinement in a home detention program
pursuant to Section 1203.016, is guilty of a felony and, if the
escape or attempt to escape was not by force or violence, is
punishable by imprisonment in the state prison for a determinate term
of one year and one day, or in a county jail not exceeding one year.
   (2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for two, four, or six
years to be served consecutively, or in a county jail not exceeding
one year. When the second term of imprisonment is to be served in a
county jail, it shall commence from the time the prisoner otherwise
would have been discharged from jail.
   (3) A conviction of a violation of this subdivision, or a
violation of subdivision (b) involving a participant of a home
detention program pursuant to Section 1203.016, that is not committed
by force or violence, shall not be charged as a prior felony
conviction in any subsequent prosecution for a public offense.
   (b) (1) Every prisoner arrested and booked for, charged with, or
convicted of a felony, and every person committed by order of the
juvenile court, who is confined in any county or city jail, prison,
industrial farm, or industrial road camp, is engaged on any county
road or other county work, is in the lawful custody of any officer or
person, or is confined pursuant to Section 4011.9, is a participant
in a home detention program pursuant to Section 1203.016, who escapes
or attempts to escape from a county or city jail, prison, industrial
farm, or industrial road camp or from the custody of the officer or
person in charge of him or her while engaged in or going to or
returning from the county work or from the custody of any officer or
person in whose lawful custody he or she is, or from confinement
pursuant to Section 4011.9, or from the place of confinement in a
home detention program pursuant to Section 1203.016, is guilty of a
felony and, if the escape or attempt to escape was not by force or
violence, is punishable by imprisonment in the state prison for 16
months, two years, or three years, to be served consecutively, or in
a county jail not exceeding one year.
   (2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for a full term of
two, four, or six years to be served consecutively to any other term
of imprisonment, commencing from the time the person otherwise would
have been released from imprisonment and the term shall not be
subject to reduction pursuant to subdivision (a) of Section 1170.1,
or in a county jail for a consecutive term not to exceed one year,
that term to commence from the time the prisoner otherwise would have
been discharged from jail.
   (c) (1) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a felony
offense under this section in that he or she escaped or attempted to
escape from a secure main jail facility, from a court building, or
while being transported between the court building and the jail
facility.
   (2) In any case in which a person is convicted of a violation of
this section designated as a misdemeanor, he or she shall be confined
in a county jail for not less than 90 days nor more than one year
except in unusual cases where the interests of justice would best be
served by the granting of probation.
   (3) For the purposes of this subdivision, "main jail facility"
means the facility used for the detention of persons pending
arraignment, after arraignment, during trial, and upon sentence or
commitment. The facility shall not include an industrial farm,
industrial road camp, work furlough facility, or any other nonsecure
facility used primarily for sentenced prisoners. As used in this
subdivision, "secure" means that the facility contains an outer
perimeter characterized by the use of physically restricting
construction, hardware, and procedures designed to eliminate ingress
and egress from the facility except through a closely supervised gate
or doorway.
   (4) If the court grants probation under this subdivision, it shall
specify the reason or reasons for that order on the court record.
   (5) Any sentence imposed under this subdivision shall be served
consecutive to any other sentence in effect or pending.
   (d) The willful failure of a prisoner, whether convicted of a
felony or a misdemeanor, to return to his or her place of confinement
no later than the expiration of the period that he or she was
authorized to be away from that place of confinement, is an escape
from that place of confinement. This subdivision applies to a
prisoner who is employed or continuing in his or her regular
educational program, authorized to secure employment or education
pursuant to the Cobey Work Furlough Law (Section 1208), authorized
for temporary release for family emergencies or for purposes
preparatory to his or her return to the community pursuant to Section
4018.6, or permitted to participate in a home detention program
pursuant to Section 1203.016. A prisoner convicted of a misdemeanor
who willfully fails to return to his or her place of confinement
under this subdivision shall be punished as provided in paragraph (1)
of subdivision (a). A prisoner convicted of a felony who willfully
fails to return to his or her place of confinement shall be punished
as provided in paragraph (1) of subdivision (b).

4533.  Every keeper of a prison, sheriff, deputy sheriff, or jailer,
or person employed as a guard, who fraudulently contrives, procures,
aids, connives at, or voluntarily permits the escape of any prisoner
in custody, is punishable by imprisonment in the state prison, and
fine not exceeding ten thousand dollars ($10,000).

4534.  Any person who willfully assists any paroled prisoner whose
parole has been revoked, any escapee, any prisoner confined in any
prison or jail, or any person in the lawful custody of any officer or
person, to escape, or in an attempt to escape from such prison or
jail, or custody, is punishable as provided in Section 4533.

4535.  Every person who carries or sends into a prison or jail
anything useful to aid a prisoner or inmate in making his escape,
with intent thereby to facilitate the escape of any prisoner or
inmate confined therein, is guilty of a felony.

4536.  (a) Every person committed to a state hospital or other
public or private mental health facility as a mentally disordered sex
offender, who escapes from or who escapes while being conveyed to or
from such state hospital or other public or private mental health
facility, is punishable by imprisonment in the state prison or in the
county jail not to exceed one year. The term imposed pursuant to
this section shall be served consecutively to any other sentence or
commitment.
   (b) The medical director or person in charge of a state hospital
or other public or private mental health facility to which a person
has been committed as a mentally disordered sex offender shall
promptly notify the chief of police of the city in which the hospital
or facility is located, or the sheriff of the county if the hospital
or facility is located in an unincorporated area, of the escape of
the person, and shall request the assistance of the chief of police
or sheriff in apprehending the person, and shall, within 48 hours of
the escape of the person, orally notify the court that made the
commitment, the prosecutor in the case, and the Department of Justice
of the escape.

4536.5.  The medical director or person in charge of a state
hospital or other public or private mental health facility to which a
person has been committed under the provisions of Article 4
(commencing with Section 6600) of Chapter 2 of Part 2 of the Welfare
and Institutions Code, shall promptly notify the Department of
Corrections' Sexually Violent Predator Parole Coordinator, the chief
of police of the city in which the hospital or facility is located,
or the sheriff of the county if the hospital or facility is located
in an unincorporated area, of the escape of the person, and shall
request the assistance of the chief of police or sheriff in
apprehending the person, and shall, within 48 hours of the escape of
the person, orally notify the court that made the commitment, the
prosecutor in the case, and the Department of Justice of the escape.

4537.  (a) The person in charge of any secure detention facility,
including, but not limited to, a prison, a juvenile hall, a county
jail, or any institution under the jurisdiction of the California
Youth Authority, shall promptly notify the chief of police of the
city in which the facility is located, or the sheriff of the county
if the facility is located in an unincorporated area, of an escape by
a person in its custody.
   (b) The person in charge of any secure detention facility under
the jurisdiction of the Department of Corrections or the Department
of the Youth Authority shall release the name of, and any descriptive
information about, any person who has escaped from custody to other
law enforcement agencies, or to other persons if the release of the
information would be necessary to assist in recapturing the person or
to protect the public from substantial physical harm.
   (c) In addition to the requirements of subdivisions (a) and (b),
in cases of escape by persons in the custody of the Department of
Corrections who have been convicted of a felony listed in subdivision
(c) of Section 667.5 or who have effected the escape by force or
violence as proscribed by subdivision (a) of Section 4530, prompt
notification shall be given to the newspapers of general circulation
within the county in which the escape occurred, and to television
stations regularly broadcasting news into and within the county,
accompanied by a photograph and description of the escapee.


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