Defendant was a prisoner in jail awaiting trial on several criminal charges. On October 2, 2014, the trial court granted his request for a furlough to attend his daughter's funeral.
Defendant was required to wear a GPS monitor at all times and was permitted to go to the funeral but was required to return to the jail within twenty-four hours.
Defendant failed to return to the jail and he intentionally removed the GPS monitor the following day and failed to return to the jail. He was subsequently apprehended on October 6, 2014 and charged with escape and tampering with the GPS device.
Defendant moved to dismiss arguing that because he was not confined while on furlough, he could not have committed an escape.
The statute states, any prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution, whether working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape confinement commits a felony of the second degree.
However, the statutes only apply to prisoners who have been sentenced.
Because the defendant was not under sentence the statutes did not apply the court reversed his conviction for escape but the court affirmed the defendant's conviction for removing the GPS monitor.