The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 035: Escape

• § 1501. Escape and attempts to escape

  (a) A person who, while in lawful custody:

  (1) escapes or attempts to escape from any correctional facility or a local lockup shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both; or

  (2) escapes or attempts to escape from an officer, if the person was in custody as a result of a felony, shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both; or if the person was in custody as a result of a misdemeanor, shall be imprisoned for not more than two years or fined not more than $1,000.00, or both.

  (b)(1) A person shall not, while in lawful custody:

  (A) fail to return from work release to the correctional facility at the specified time, or visits other than the specified place, as required by the order issued in accordance with 28 V.S.A. § 753;

  (B) fail to return from furlough to the correctional facility at the specified time, or visits other than the specified place, as required by the order issued in accordance with 28 V.S.A. § 808(a)(1)-(5) or § 723;

  (C) escape or attempt to escape while on release from a correctional facility to do work in the service of such facility or of the Department of Corrections in accordance with 28 V.S.A. § 758; or

  (D) elope or attempt to elope from the Vermont Psychiatric Care Hospital or a participating hospital, when confined by court order pursuant to chapter 157 of this title, or when transferred there pursuant to 28 V.S.A. § 703 and while still serving a sentence.

  (2) A person who violates this subsection shall be imprisoned for not more than five years or fined not more than $1,000.00, or both.

  (3) If the person is on furlough status pursuant to 28 V.S.A. § 723, 808(e), or 808a, a violation of this subdivision (1) of this subsection requires a showing that the person intended to escape from furlough.

  (c) All sentences imposed under subsection (a) of this section shall be consecutive to any term or sentence being served at the time of the offense.

  (d) As used in this section:

  (1) “No refusal system” means a system of hospitals and intensive residential recovery facilities under contract with the Department of Mental Health that provides high intensity services, in which the facilities shall admit any individual for care if the individual meets the eligibility criteria established by the Commissioner in contract.

  (2) “Participating hospital” means a hospital under contract with the Department of Mental Health to participate in the no refusal system.

  (3) [Repealed.] (Amended 1967, No. 317 (Adj. Sess.), eff. March 22, 1968; 1971, No. 199 (Adj. Sess.), § 15; 1973, No. 109, § 5; 1973, No. 206 (Adj. Sess.), § 1, eff. 30 days from April 3, 1974; 2011, No. 79 (Adj. Sess.), § 14, eff. April 4, 2012; 2015, No. 5, § 1, eff. April 9, 2015; 2019, No. 77, § 10; 2019, No. 148 (Adj. Sess.), § 18, eff. Jan. 1, 2021.)

• § 1502. Unlawfully aiding prisoners

  (a) A person shall not:

  (1) rescue or attempt to rescue a prisoner from a place in which a person is confined by authority of the State, or from an officer conveying one to any such place of confinement; or

  (2) counsel or assist in breaking open or attempting to break open any such place of confinement; or

  (3) directly or indirectly aid a prisoner in escaping or attempting to escape from any such place of confinement, or from an officer conveying one thereto, or from any officer or person who has the lawful custody of such prisoner; or

  (4) other than a prisoner, directly or indirectly break open or attempt to break open any such place of confinement.

  (b) A person who violates a provision of this section shall be imprisoned not more than five years or fined not more than $500.00. (Amended 1971, No. 199 (Adj. Sess.), § 15.)

• § 1503. Giving prisoner tools for escape; aiding escaped prisoner

  A person who gives to a prisoner in any such place of confinement, or conveys therein, a tool, instrument, or weapon with intent to enable a prisoner to escape, whether such escape is effected or not; or who, not being a parent, child, wife, husband, brother, or sister of such prisoner, harbors, conceals, aids or comforts a prisoner who has escaped from any such place of confinement, knowing thereof, shall be punished as provided in section 1502 of this title. (Amended 1973, No. 201 (Adj. Sess.), § 1.)

• § 1504. Repealed. 2019, No. 77, § 12, eff. June 19, 2019.

• § 1505. Repealed. 1995, No. 147 (Adj. Sess.), § 6.

• § 1506. Officer aiding or voluntarily allowing escape

  An officer or person employed in keeping, taking care of, or guarding the State prison or the prisoners therein, who aids or voluntarily suffers the escape of a prisoner, shall be imprisoned not more than 20 years. Jailers and officers, other than those employed in keeping, taking care of, or guarding the State prison or prisoners therein, who voluntarily suffer a prisoner in their custody, upon conviction or upon a criminal charge, to escape, shall be imprisoned not more than five years or fined not more than $1,000.00, or both. (Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.)

• § 1507. Repealed. 1977, No. 233 (Adj. Sess.), § 5a, eff. April 17, 1978.