State v. Lonechild

Summary

The North Dakota Supreme Court affirmed Evan Donald Lonechild’s criminal judgment for escape. The Court held that Lonechild was in “official detention” while confined at a residential reentry center following a probation violation, despite remaining on probation, and that the statutory exclusions for probation supervision or constraint incidental to release did not apply.

Holdings

1. A defendant may be charged with escape under N.D.C.C. § 12.1-08-06 when placed in custody at a facility for persons under charge or conviction of an offense, leaves while participating in work release, and fails to return. The statutory exclusion of supervision on probation or parole and constraint incidental to release does not exclude custody while on probation.
2. The district court did not err in finding that Lonechild was in official detention at the reentry center and in denying his motion to dismiss the escape charge.

Questions Presented

1. Whether a defendant placed in a residential reentry center following a probation violation is in official detention under N.D.C.C. § 12.1-08-06(3)(b), despite remaining on probation.
2. Whether leaving the reentry center during work release and failing to return supports an escape charge.

Disposition

affirmed