CALCRIM No. 2735

The defendant is charged [in Count] with holding a hostage [in

violation of Penal Code section 4503].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant (held a person hostage/ [or] held a person against

his or her will, by force or threat of force, in defiance of official

orders) inside a (prison/facility under the jurisdiction of the

Department of Corrections);

AND

2. When the defendant acted, (he/she) was serving a sentence in a

[California] state prison.

A person is serving a sentence in a state prison if he or she is (confined in

<insert name of institution from Pen. Code,

§ 5003>/committed to the Department of Corrections and

Rehabilitation[, Division of Juvenile Justice,]) by an order made

according to law[, regardless of both the purpose of the (confinement/

commitment) and the validity of the order directing the (confinement/

commitment), until a judgment of a competent court setting aside the

order becomes final]. [A person may be serving a sentence in a state

prison even if, at the time of the offense, he or she is confined in a local

correctional institution pending trial or is temporarily outside the prison

walls or boundaries for any permitted purpose, including but not limited

to serving on a work detail.] [However, a prisoner who has been released

on parole is not serving a sentence in a state prison.]

New January 2006; Revised August 2016