26.11.120 Escape

(a) A person, while in the official custody of the Belcourt Law Enforcement Center, but supervised or housed within the Turtle Mountain jurisdiction, and escapes shall be guilty of Class [3] offense.

(b) If any person who has been in official confinement and has been approved by the Tribal Court for work, educational or vocational school release, a substance abuse program, mental health therapy or a family emergency and shall fail to report back to the place of imprisonment after having been ordered to report back at a set date and time shall be guilty of a class [3] three offense.

(c) A person who is officially confined who shall escape, break, or otherwise leave the premises of any place of imprisonment, as defined in Section 26.06.010, where a person has been lawfully confined escapes from the lawful custody of any correctional officer, law enforcement officer or special agent shall be guilty of a Class [4] four offense.

(d) Escape is a Class [5] five offense if:

(1) a person uses a firearm, destructive device, or other dangerous weapon in effecting or attempting to affect his/her removal from official detention;

(2) a person uses any other force or threat of force against another in effecting or attempting to affect his removal from official detention; or

(3) the person escaping was in official detention by virtue of his arrest for, or on charge of or according to his conviction, a Class [5] offense.