| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

609.485.2(4)

Statute ID: 13847

Statute Function ID: 30144

Escape from Custody-Mental Health Treatment Facility Pursuant to a Court Commitment Order

In Effect

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Charge

Classifications

Offense Level:

Felony (F)

General Offense Code:

Other (9)

Offense Summary Code & Rank:

Escape/Flight (E) (Rank 17)

Detailed Offense Code:

Escape (971.01)

Offense Severity Level:

Function Text:

UCR Code

Description

90Z

All Other Offenses

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

609.485.2(4)

Enactment Date:

May 27, 2011

Effective Date:

May 28, 2011

Expiration Date:

Repealed?:

Summary Text:

Escape from Custody-Mental Health Treatment Facility Pursuant to a Court Commitment Order

Statute ID:

13847

Created:

Jun 14, 2011 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 14, 2011 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Updated

Legal Analyst Comment:

2011 c 102 a 2 s 3, Statute amended effective day after enactment. Changes to (5), (6) and (7)

Summary Text:

Escape from Custody-Mental Health Treatment Facility Pursuant to a Court Commitment Order

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/609/485.html

Legislative Session:

2011 - Regular

Session Law Text?:

Statute text last updated on:

Jun 14, 2011

Whoever does any of the following may be sentenced as provided in subdivision 4:

(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or conviction of a crime, or while held in lawful custody on an allegation or adjudication of a delinquent act;

(2) transfers to another, who is in lawful custody on a charge or conviction of a crime, or introduces into an institution in which the latter is confined, anything usable in making such escape, with intent that it shall be so used;

(3) having another in lawful custody on a charge or conviction of a crime, intentionally permits the other to escape;

(4) escapes while in a facility designated under section 253B.18, subdivision 1, pursuant to a court commitment order after a finding of not guilty by reason of mental illness or mental deficiency of a crime against the person, as defined in section 253B.02, subdivision 4a. Notwithstanding section 609.17, no person may be charged with or convicted of an attempt to commit a violation of this clause; 

(5) escapes while in or under the supervision of a facility designated under section 246B.01, subdivision 2a; 246B.02; 253B.18, subdivision 1; 253B.185 subdivision 1, paragraph (d); or Minnesota Statutes 1992, section 526.10; 

(6) escapes while on pass status or provisional discharge according to section 253B.18 or 253B.185; or 

(7) escapes while a client of the Minnesota sex offender program as defined in section 246B.01, subdivision 1a, or subject to a court hold order under section 253B.185. 

For purposes of clauses (1) and (7), "escapes while held in lawful custody" or "escapes while a client of the Minnesota sex offender program" includes absconding from electronic monitoring or removing an electronic monitoring device from the person's body