22-11A-1      Definition of terms.
22-11A-2      First degree escape--Felony.
22-11A-2.1      Second degree escape--Felony.
22-11A-3      Repealed.
22-11A-4      Pursuit of escaped prisoner--Breaking structure permitted.
22-11A-5      Concealment of escaped prisoner--Felony.
22-11A-6, 22-11A-7. Transferred.
22-11A-8 to 22-11A-10. Repealed.

22-11A-1. Definition of terms.

The term, prisoner, as used in this chapter, includes every person who is in custody by being under arrest or by being under process of law issued from a court of competent jurisdiction, whether civil or criminal. A prisoner at the time of escape need not be in a place designated for the keeping of prisoners.

The term, escape, as used in this chapter, means the departure without lawful authority or the failure to return to custody following an assignment or temporary leave granted for a specific purpose or limited period.

The term, nonsecure correctional facility, as used in this chapter, means a correctional facility or placement that, while it may be locked at night, is generally not locked and not secured by a fence, external wall, or security perimeter and used for the housing of persons who are authorized to have unescorted access to the community for a specific purpose or limited period.

The term, secure correctional facility, as used in this chapter, means a locked or secured correctional facility with a perimeter wall or fence and locked entrances and exits.

Source: SDC 1939, § 13.1225; SDCL § 23-25-1; SL 1978, ch 185, § 9; SDCL Supp, § 24-12-8; SL 2005, ch 120, § 317; SL 2009, ch 113, § 1.

22-11A-2. First degree escape--Felony.

Any escape by a prisoner constitutes first degree escape if the prisoner effects the escape:

(1)    By means of the use or threat of violence;

(2)    From a secure correctional facility; or

(3)    From the immediate custody of a law enforcement officer or Department of Corrections employee.

First degree escape is a Class 4 felony.

Source: SDC 1939, §§ 13.1226, 13.1227; SL 1955, ch 25, §§ 1, 2; SL 1957, ch 31; SDCL §§ 24-12-1, 24-12-2; SL 1977, ch 201, §§ 1, 2; SL 1978, ch 185, § 10; SDCL Supp, § 24-12-9; SL 2004, ch 164, § 2; SL 2005, ch 120, § 318; SL 2009, ch 113, § 2.

22-11A-2.1. Second degree escape--Felony.

Any escape by a prisoner constitutes second degree escape if the prisoner effects the escape by means of failure to return to custody following an assignment or temporary leave granted for a specific purpose or limited period or leaves a nonsecure correctional facility without authorization. Second degree escape is a Class 5 felony.

Source: SL 2005, ch 120, § 319; SL 2009, ch 113, § 3.