2021 Colorado Code
Title 17 - Corrections
Article 27.8 - Home Detention Programs
§ 17-27.8-106. Escape From Custody
If an offender fails to remain within the extended limits of a home detention program as ordered by a sentencing judge, he shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 18-8-208 , C.R.S. An offender on parole who fails to remain within the limits of a home detention program shall be deemed to be in violation of parole pursuant to section 17-2-103 (1)(e) .
History. Source: L. 90: Entire article added, p. 969, § 1, effective July 1.
ANNOTATION
For purposes of escape, there is no conflict between the home detention statute and the intensive supervision program (ISP) statute. In an escape case, the court must make a factual determination whether a defendant was placed in home detention or ISP based on the different elements of home detention and ISP. Home detention and ISP are mutually exclusive, therefore once the court determines whether the defendant was in home detention or on ISP there is no conflict. People v. Smith, 77 P.3d 751 (Colo. App. 2003); People v. Sa'ra, 117 P.3d 51 (Colo. App. 2004).
