CR28-189 01/31/23

ESCAPE BY FAILING TO RETURN FROM FURLOUGH (with intent element for furlough imposed pursuant to 28 V.S.A. §§ 723) – 13 V.S.A. § 1501(b)(3)

The State has charged (Def)_______________ with escape by failing to return from furlough, 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 furlough order, allowing (Def)_______________ to leave the correctional facility by extending the limits of [his] [her] confinement, subject to certain conditions that [he] [she] has agreed to;

(4) [he] [she] violated the conditions of [his] [her] furlough by [failing to return to the correctional facility at the specified time] [visiting places other than those specified in the furlough order]; and

(5) [he] [she] did so intentionally.

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 furlough order, allowing (Def)_______________ to leave the correctional facility by extending the limits of [his] [her] confinement, subject to certain conditions that [he] [she] has agreed to.

The fourth essential element is that (Def)_______________ violated the conditions of [his] [her] furlough by [failing to return to the correctional facility at the specified time] [visiting places other than those specified in the furlough order].

The last essential element is that (Def)_______________ [failed to return to the correctional facility at the specified time] [visited places other than those specified in the furlough order] intentionally. A person acts intentionally if he or she acts purposely, and not inadvertently, because of mistake, or by accident.  You may find that (Def)_______________ acted intentionally if it was [his] [her] conscious objective [not to return from furlough] [to visit places other than those specified in the furlough order].

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