Conn. Crim. Jury Instr. 4.6-5

Note: This statute has seven subsections defining the circumstances of escape.

Subsections (a) (1), (2), (3) and (6) involve an actual escape from a place of confinement;

subsections (a) (4) and (5) involve a failure to return to an institution from an authorized

absence; subsection (a) (7) involves leaving the statute while under the jurisdiction of the

Psychiatric Review Board. This instruction is therefore divided into 3 parts.

The defendant is charged [in count __] with escape in the first degree. The statute defining this

offense reads in pertinent part as follows:

a person is guilty of escape in the first degree if (he/she) <insert as appropriate:>

• escapes from:

o a correctional institution.

o any public or private, nonprofit halfway house, group home or mental health facility

or community residence to which (he/she) was transferred and (he/she) is in the

custody of the commissioner of correction or is required to be returned to the custody

of said commissioner upon (his/her) releasefrom such facility.

o a work detail or school on the premises of the correctional institution.

o a hospital for mental illness in which (he/she) has been confined by court order.

• fails to return from:

o an authorized furlough.

o an authorized work release or education release.

• while under the jurisdiction of the Psychiatric Security Review Board, but not confined to

a hospital for mental illness, (he/she) leaves the state without authorization of the board.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

1. Subsections (a) (1), (2), (3), or (6)

Element 1 - Confinement

The first element is that the defendant was confined to <include as appropriate:>

• a correctional institution.

• a public or private, nonprofit halfway house, group home or mental health facility or

community residence to which (he/she) was transferred and (he/she) is (in the custody of

the commissioner of correction / is required to be returned to the custody of said

commissioner upon (his/her) release from such facility).

• a work detail or school on the premises of a correctional institution. Premises of a

correctional institution includes the grounds and buildings of the correctional institution.

• a hospital for mental illness by court order.

A “correctional institution” is any correctional facility administered by the commissioner of

correction.1

Element 2 - Escaped

The second element is that the defendant escaped from that institution. Escape means to

voluntarily leave or depart from.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was confined

to <insert name and type of facility> and 2) the defendant escaped from that institution.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of escape in the first degree, then you shall find the defendant guilty. On the other

hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of

the elements, you shall then find the defendant not guilty.

2. Subsections (a) (4) or (5)

Element 1 - Authorized release

The first element is that the defendant was on <insert as appropriate>:

• a furlough

• a work release

• an education release

authorized by the commissioner of correction.

Element 2 - Failed to return

The second element is that defendant failed to return to <insert name of facility>.

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant was on an

authorized <insert type of leave> and failed to return to <insert name of facility>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of escape in the first degree, then you shall find the defendant guilty. On the other

hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of

the elements, you shall then find the defendant not guilty.

3. Subsection (a) (7)

Element 1 - Jurisdiction of the Psychiatric Security Review Board

The first element is that the defendant was under the jurisdiction of the Psychiatric Security

Review Board, but not confined to a hospital for mental illness.

Element 2 - Left the state

The second element is that the defendant left the state of Connecticut without authorization from

the board.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was under the

jurisdiction of the Psychiatric Security Review Board and 2) the defendant left the state of

Connecticut without the board’s authorization.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of escape in the first degree, then you shall find the defendant guilty. On the other

hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of

the elements, you shall then find the defendant not guilty.

1 General Statutes § 53a-168 defines “correctional institution” for purposes of this offense.