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California Penal Code Section 4532

Legal Research Home > California Laws > Penal Code > California Penal Code Section 4532

4532.  (a) (1) Every prisoner arrested and booked for, charged with,
or convicted of a misdemeanor, and every person committed under the
terms of Section 5654, 5656, or 5677 of the Welfare and Institutions
Code as an inebriate, who is confined in any county or city jail,
prison, industrial farm, or industrial road camp, is engaged on any
county road or other county work, is in the lawful custody of any
officer or person, is employed or continuing in his or her regular
educational program or authorized to secure employment or education
away from the place of confinement, pursuant to the Cobey Work
Furlough Law (Section 1208), is authorized for temporary release for
family emergencies or for purposes preparatory to his or her return
to the community pursuant to Section 4018.6, or is a participant in a
home detention program pursuant to Section 1203.016, 1203.017, or
1203.018, and who thereafter escapes or attempts to escape from the
county or city jail, prison, industrial farm, or industrial road camp
or from the custody of the officer or person in charge of him or her
while engaged in or going to or returning from the county work or
from the custody of any officer or person in whose lawful custody he
or she is, or from the place of confinement in a home detention
program pursuant to Section 1203.016, 1203.017, or 1203.018 is guilty
of a felony and, if the escape or attempt to escape was not by force
or violence, is punishable by imprisonment in the state prison for a
determinate term of one year and one day, or in a county jail not
exceeding one year.
   (2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for two, four, or six
years to be served consecutively, or in a county jail not exceeding
one year. When the second term of imprisonment is to be served in a
county jail, it shall commence from the time the prisoner otherwise
would have been discharged from jail.
   (3) A conviction of a violation of this subdivision, or a
violation of subdivision (b) involving a participant of a home
detention program pursuant to Section 1203.016, 1203.017, or 1203.018
that is not committed by force or violence, shall not be charged as
a prior felony conviction in any subsequent prosecution for a public
offense.
   (b) (1) Every prisoner arrested and booked for, charged with, or
convicted of a felony, and every person committed by order of the
juvenile court, who is confined in any county or city jail, prison,
industrial farm, or industrial road camp, is engaged on any county
road or other county work, is in the lawful custody of any officer or
person, or is confined pursuant to Section 4011.9, is a participant
in a home detention program pursuant to Section 1203.016, 1203.017,
or 1203.018 who escapes or attempts to escape from a county or city
jail, prison, industrial farm, or industrial road camp or from the
custody of the officer or person in charge of him or her while
engaged in or going to or returning from the county work or from the
custody of any officer or person in whose lawful custody he or she
is, or from confinement pursuant to Section 4011.9, or from the place
of confinement in a home detention program pursuant to Section
1203.016, is guilty of a felony and, if the escape or attempt to
escape was not by force or violence, is punishable by imprisonment in
the state prison for 16 months, two years, or three years, to be
served consecutively, or in a county jail not exceeding one year.
   (2) If the escape or attempt to escape described in paragraph (1)
is committed by force or violence, the person is guilty of a felony,
punishable by imprisonment in the state prison for a full term of
two, four, or six years to be served consecutively to any other term
of imprisonment, commencing from the time the person otherwise would
have been released from imprisonment and the term shall not be
subject to reduction pursuant to subdivision (a) of Section 1170.1,
or in a county jail for a consecutive term not to exceed one year,
that term to commence from the time the prisoner otherwise would have
been discharged from jail.
   (c) Notwithstanding any other law, every inmate who is a
participant in an alternative custody program pursuant to Section
1170.05 who escapes or attempts to escape from the program is guilty
of a misdemeanor.
   (d) (1) Except in unusual cases where the interests of justice
would best be served if the person is granted probation, probation
shall not be granted to any person who is convicted of a felony
offense under this section in that he or she escaped or attempted to
escape from a secure main jail facility, from a court building, or
while being transported between the court building and the jail
facility.
   (2) In any case in which a person is convicted of a violation of
this section designated as a misdemeanor, he or she shall be confined
in a county jail for not less than 90 days nor more than one year
except in unusual cases where the interests of justice would best be
served by the granting of probation.
   (3) For the purposes of this subdivision, "main jail facility"
means the facility used for the detention of persons pending
arraignment, after arraignment, during trial, and upon sentence or
commitment. The facility shall not include an industrial farm,
industrial road camp, work furlough facility, or any other nonsecure
facility used primarily for sentenced prisoners. As used in this
subdivision, "secure" means that the facility contains an outer
perimeter characterized by the use of physically restricting
construction, hardware, and procedures designed to eliminate ingress
and egress from the facility except through a closely supervised gate
or doorway.
   (4) If the court grants probation under this subdivision, it shall
specify the reason or reasons for that order on the court record.
   (5) Any sentence imposed under this subdivision shall be served
consecutive to any other sentence in effect or pending.
   (e) The willful failure of a prisoner, whether convicted of a
felony or a misdemeanor, to return to his or her place of confinement
no later than the expiration of the period that he or she was
authorized to be away from that place of confinement, is an escape
from that place of confinement. This subdivision applies to a
prisoner who is employed or continuing in his or her regular
educational program, authorized to secure employment or education
pursuant to the Cobey Work Furlough Law (Section 1208), authorized
for temporary release for family emergencies or for purposes
preparatory to his or her return to the community pursuant to Section
4018.6, or permitted to participate in a home detention program
pursuant to Section 1203.016, 1203.017, or 1203.018. A prisoner
convicted of a misdemeanor who willfully fails to return to his or
her place of confinement under this subdivision shall be punished as
provided in paragraph (1) of subdivision (a). A prisoner convicted of
a felony who willfully fails to return to his or her place of
confinement shall be punished as provided in paragraph (1) of
subdivision (b).
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Last modified: March 17, 2014