A. Escape from a community custody release program consists of a person, excluding a person on probation or parole, who has been lawfully committed to a judicially approved community custody release program, including a day reporting program, an electronic monitoring program, a day detention program or a community tracking program, escaping or attempting to escape from the community custody release program.
B. Whoever commits escape from a community custody release program, when the person was committed to the program for a misdemeanor charge, is guilty of a misdemeanor.
C. Whoever commits escape from a community custody release program, when the person was committed to the program for a felony charge, is guilty of a felony.
History: Laws 1999, ch. 118, § 1.
Effective dates. — Laws 1999, ch. 118, § 2, made the act effective on July 1, 1999.
Electronic monitoring programs. — Electronic monitoring programs may be used as part of a community custody release program: they are not limited to probation and parole programs. State v. Frost, 2003-NMCA-002, 133 N.M. 45, 60 P.3d 492, cert. denied, 133 N.M. 126, 61 P.3d 835.
Community release programs. — A case by case release of defendants may be considered as a judicially approved community release program. State v. Duhon, 2005-NMCA-120, 138 N.M. 466, 122 P.3d 50, cert. quashed, 2006-NMCERT-003, 139 N.M. 352, 132 P.3d 1038.
Habitual offender enhancement not prohibited. — Where defendant was convicted of felony possession of a controlled substance and subsequently committed to a community custody release program (CCP), and where two weeks after being committed to CCP, defendant cut off his ankle monitor and failed to respond to messages from monitoring officers, it was not error for the State to use Defendant's felony possession charge to determine whether to charge defendant for misdemeanor or felony escape from CCP and to use defendant's felony possession conviction to enhance his sentence for escape from CCP, because defendant's degree of escape from CCP was based upon the felony possession charge, while the enhancement of his felony escape sentence was based upon his three prior felony convictions. State v. Sanchez, 2019-NMCA-006, cert. denied.
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