COLJI-Crim. 8-2:24.2

The elements of the crime of unauthorized absence (leaving without

permission) are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

[3. was serving a direct sentence to a community corrections

program, and]

[3. was transitioning from the department of corrections to a

community corrections program or placed in an intensive

supervision program, and]

[3. was participating in a work release or home detention program,

intensive supervision program, or any other similar authorized

supervised or unsupervised absence from a detention facility,

and]

[3. was transitioning from the department of human services to a

residential facility or program, and]

[3. was housed in a staff secure facility, and]

4. knowingly,

5. left or failed to return to his or her residential or facility location

without permission of the supervising agency and in violation

of the terms and conditions of supervision.

[6. and that the defendant’s conduct was not legally authorized by

the affirmative defense[s] in Instruction[s] ___.]

After considering all the evidence, if you decide the prosecution has

proven each of the elements beyond a reasonable doubt, you should find

the defendant guilty of unauthorized absence (leaving without

permission).

After considering all the evidence, if you decide the prosecution has

failed to prove any one or more of the elements beyond a reasonable doubt,

you should find the defendant not guilty of unauthorized absence (leaving

without permission).