State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_148 > GS_148-45

§148‑45.  Escaping or attempting escape from State prison system; failureof conditionally and temporarily released prisoners and certain youthfuloffenders to return to custody of Department of Correction.

(a)        Any person in thecustody of the Department of Correction in any of the classificationshereinafter set forth who shall escape from the State prison system, shall forthe first such offense, except as provided in subsection (g) of this section,be guilty of a Class 1 misdemeanor:

(1)        A prisoner serving asentence imposed upon conviction of a misdemeanor;

(2)        A person who hasbeen charged with a misdemeanor and who has been committed to the custody ofthe Department of Correction under the provisions of G.S. 162‑39;

(3)        Repealed by SessionLaws 1985, c. 226, s. 4.

(4)        A person who shallhave been convicted of a misdemeanor and who shall have been committed to theDepartment of Correction for presentence diagnostic study under the provisionsof G.S. 15A‑1332(c).

(b)        Any person in thecustody of the Department of Correction, in any of the classificationshereinafter set forth, who shall escape from the State prison system, shall,except as provided in subsection (g) of this section, be punished as a Class Hfelon.

(1)        A prisoner serving asentence imposed upon conviction of a felony;

(2)        A person who hasbeen charged with a felony and who has been committed to the custody of theDepartment of Correction under the provisions of G.S. 162‑39;

(3)        Repealed by SessionLaws 1985, c. 226, s. 5.

(4)        A person who shallhave been convicted of a felony and who shall have been committed to theDepartment of Correction for presentence diagnostic study under the provisionsof G.S. 15A‑1332(c); or

(5)        Any personpreviously convicted of escaping or attempting to escape from the State prisonsystem.

(c)        Repealed by SessionLaws 1979, c. 760, s. 5.

(d)        Any person who aidsor assists other persons to escape or attempt to escape from the State prisonsystem shall be guilty of a Class 1 misdemeanor.

(e)        Repealed by SessionLaws 1983, c. 465, s. 5.

(f)         Any personconvicted of an escape or attempt to escape classified as a felony by thissection shall be immediately classified and treated as a convicted felon evenif such person has time remaining to be served in the State prison system on asentence or sentences imposed upon conviction of a misdemeanor or misdemeanors.

(g)        (1)        Anyperson convicted and in the custody of the North Carolina Department ofCorrection and ordered or otherwise assigned to work under the work‑releaseprogram, G.S. 148‑33.1, or any convicted person in the custody of theNorth Carolina Department of Correction and temporarily allowed to leave aplace of confinement by the Secretary of Correction or his designee or otherauthority of law, who shall fail to return to the custody of the North CarolinaDepartment of Correction, shall be guilty of the crime of escape and subject tothe applicable provisions of this section and shall be deemed an escapee. Forthe purpose of this subsection, escape is defined to include, but is notrestricted to, willful failure to return to an appointed place and at anappointed time as ordered.

(2)        If a person, whowould otherwise be guilty of a first violation of G.S. 148‑45(g)(1),voluntarily returns to his place of confinement within 24 hours of the time atwhich he was ordered to return, such person shall not be charged with an escapeas provided in this section but shall be subject to such administrative actionas may be deemed appropriate for an escapee by the Department of Correction;said escapee shall not be allowed to be placed on work release for a four‑monthperiod or for the balance of his term if less than four months; provided,however, that if such person commits a subsequent violation of this sectionthen such person shall be charged with that offense and, if convicted, punishedunder the provisions of this section. (1933, c. 172, s. 26; 1955,c. 279, s. 2; 1963, c. 681; 1965, c. 283; 1967, c. 996, s. 13; 1973, c. 1120;c. 1262, s. 10; 1975, cc. 170, 241, 705; c. 770, ss. 1, 2; 1977, c. 732, ss. 3,4; c. 745; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s.1; c. 179, s. 14; 1983, c. 465, ss. 1‑5; 1985, c. 226, ss. 3(4)‑6;1993, c. 539, ss. 1058, 1321, 1322; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443,s. 19.25(t).)