31-341

31-341. Definitions

In this article, unless the context otherwise requires:

1. "Correctional facility" means any place used for the confinement or control of a person:

(a) Charged with or convicted of an offense; or

(b) Held for extradition; or

(c) Pursuant to an order of court for law enforcement purposes. Lawful transportation or movement incident to correctional facility confinement pursuant to subdivision (a), (b) or (c) is within the control of a correctional facility. For purposes of this article, being within the control of a correctional facility does not include release on parole, probation or by other lawful authority upon condition of subsequent personal appearance at a designated place and time.

2. "Custody" means the imposition of actual or constructive restraint pursuant to an on-site arrest or court order but does not include detention in a correctional facility, juvenile detention center or state hospital.

3. "Escape" means departure from custody or from a correctional facility in which a person is held or detained with knowledge that such departure is unpermitted or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period.