SEQ CHAPTER \h \r 1CR28-185 12/05/05

ESCAPE BY FAILING TO RETURN FROM WORK RELEASE – 13 V.S.A. § 1501(b)(1)

The State has charged (Def)_______________ with escape by failing to return from work release, as follows:

[Read the charge.]

Every crime is made up of essential elements.  Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt.  In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) was in lawful custody of the Vermont Department of Corrections;

(3) the Department of Corrections issued a work release order allowing [him] [her] to work outside the correctional facility, and specifying the places [he] [she] could go and the time when [he] [she] would have to return; and

(4) [he] [she] [failed to return from the work release to the correctional facility at the specified time] [visited places other than those specified in the work release order].

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ was in lawful custody of the Vermont Department of Corrections.  Lawful custody  means that (Def)_______________ was deprived of [his] [her] freedom through a court order.

The third essential element is that the Department of Corrections issued a work release order allowing (Def)_______________ to work outside the correctional facility, and specifying the places [he] [she] could go and the time when [he] [she] would have to return.

The last essential element is that (Def)_______________ [failed to return from the work release to the correctional facility at the specified time] [visited places other than those specified in the work release order].

Here the State alleges that (Def)_______________ [failed to return to the correctional facility by _______________, which was the time specified in the work release order] [visited _______________, which was beyond the bounds of the places specified in the work release order].

If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty.  However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.