Escape (N.J.S.A. 2C:29-5)

Escape: Under N.J.S.A. 2C:29-5(a), a person commits the offense of escape if he without lawful authority removes himself from an official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period.

“Official Detention” Defined: “Official detention” means arrest, detention in any facility for custody of persons under charge or conviction of a crime or offense, or alleged or found to be delinquent, detention for extradition or deportation, or any other detention for law enforcement purposes. “Official detention” does not include supervision of probation or parole, or constraint incidental to release on bail.

Absconding From Parole: Under N.J.S.A. 2C:29-5(b), a person subject to parole commits a crime of the 3rd degree if the person goes into hiding or leaves the State with a purpose of avoiding supervision. A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison.

“Parole”: “Parole” includes participation in the Intensive Supervision Program (“ISP”). 

Presumption of Avoiding Supervision: Abandoning a place of residence without the prior permission of or notice to the appropriate supervising authority shall constitute prima facie evidence that the person intended to avoid such supervision.

Permitting or Facilitating Escape: Under N.J.S.A. 2C:29-5(c), a public servant concerned in detention commits an offense if he knowingly or recklessly permits an escape. Any person who knowingly causes or facilitates an escape commits an offense.

Grading of Escape Offenses: An offense under N.J.S.A. 2C:29-5(a) or (c) is a crime of the 2nd degree where the actor employs force, threat, deadly weapon, or other dangerous instrumentality to effect the escape. Otherwise it is a crime of the 3rd degree. A 2nd degree offense is punishable by up to 10 years in New Jersey State Prison. A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison.