946.42 Escape.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

946.42 Escape.

(1)In this section:

1. “Custody” includes without limitation all of the following:

a. Actual custody of an institution, including a juvenile correctional facility, as defined in s. 938.02

(10p), a secured residential care center for children and youth, as defined in s. 938.02

(15g), a juvenile detention facility, as defined in s. 938.02

(10r), a Type 2 residential care center for children and youth, as defined in s. 938.02

(19r), a facility used for the detention of persons detained under s. 980.04

(1), a facility specified in s. 980.065 , or a juvenile portion of a county jail.

b. Actual custody of a peace officer or institution guard.

bm. Actual custody or authorized physical control of a correctional officer.

c. Actual custody or authorized physical control of a probationer, parolee, or person on extended supervision by the department of corrections.

e. Constructive custody of persons placed on supervised release under ch. 980 .

f. Constructive custody of prisoners and juveniles subject to an order under s. 938.183 , 938.34

(4d),

(4h), or

(4m), or 938.357

(4)or

(e)temporarily outside the institution whether for the purpose of work, school, medical care, a leave granted under s. 303.068 , a temporary leave or furlough granted to a juvenile, or otherwise.

g. Custody of the sheriff of the county to which the prisoner was transferred after conviction.

h. Custody of a person subject to a confinement order under s. 973.09

(4).

2. “Custody” does not include the constructive custody of a probationer, parolee, or person on extended supervision by the department of corrections or a probation, extended supervision, or parole agent or, subject to s. 938.533

(a), the constructive custody of a person who has been released to community supervision or aftercare supervision under ch. 938 .

(b)“Escape” means to leave in any manner without lawful permission or authority.

(c)“Legal arrest” includes without limitation an arrest pursuant to process fair on its face notwithstanding insubstantial irregularities and also includes taking a juvenile into custody under s. 938.19 .