Absconding from temporary release in the first degree · as in force on May 31, 2026
* § 205.17 Absconding from temporary release in the first degree.
A person is guilty of absconding from temporary release in the first degree when having been released from confinement in a correctional institution under the jurisdiction of the state department of corrections and community supervision or a facility under the jurisdiction of the state office of children and family services to participate in a program of temporary release, he or she intentionally fails to return to the institution or facility of his or her confinement at or before the time prescribed for his or her return.
Absconding from temporary release in the first degree is a class E felony.
* NB Expires September 1, 2027
A person released from a state correctional institution or a state Office of Children and Family Services facility for temporary release commits this offense by intentionally failing to return to confinement by the required time. ★ It is a class E felony, and the section expires September 1, 2027.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.