COLJI-Crim. 8-2:24.4

The elements of the crime of unauthorized absence (tampering with

monitoring device) 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. removed or tampered with an electronic monitoring device

required by the supervising agency to be worn by the

defendant in order to monitor his or her location, without

permission, and

6. with the intent,

7. to avoid arrest, prosecution, monitoring, or other legal process.

[8. 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 (tampering with monitoring

device).

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

(tampering with monitoring device).