Legal Definitions - escapee

An escapee is an individual who has unlawfully departed from a state of lawful custody or confinement. This term typically refers to a person who was legally held, such as a prisoner in a correctional facility, a detainee in an immigration center, or an individual lawfully committed to a secure institution, and has left without authorization.

Here are some examples illustrating the term:

• Example 1: A convicted felon, serving a sentence for robbery at a state penitentiary, manages to scale a perimeter wall during a recreation period and flee into the nearby forest.

  Explanation: This individual is an escapee because they were a prisoner held in lawful custody within a correctional facility and departed without permission or legal authority.

• Example 2: A patient who was court-ordered to a secure psychiatric hospital for treatment, following a finding of not guilty by reason of insanity, finds an unsecured exit and walks off the hospital grounds unnoticed.

  Explanation: In this scenario, the patient is considered an escapee. Although not a prison, the psychiatric hospital constituted lawful custody due to a court order, and their unauthorized departure from that confinement fits the definition.

• Example 3: An individual awaiting a deportation hearing, who was being held in a federal immigration detention center, manages to slip away from guards during a medical transport and disappears into a busy urban area.

  Explanation: The individual was in lawful custody at the immigration detention center. Their unauthorized flight from the control of the authorities during transport classifies them as an escapee.