WPIC 120.51 Detention Facility—Definition
11A WAPRAC WPIC 120.51Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 120.51 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 120. Obstructing Governmental Operation
WPIC 120.51 Detention Facility—Definition
Detention facility means any place used for the confinement of a person [arrested for, charged with, or convicted of an offense] [or] [charged with being or adjudicated to be a juvenile offender] [or] [held for extradition or as a material witness] [or] [otherwise] [confined pursuant to an order of a court] [or] [in any work release, furlough, or other such facility or program].
NOTE ON USE
Use this instruction with crimes in RCW Chapter 9A.76. See WPIC Chapter 120 (Obstructing Governmental Operation). Use bracketed material as applicable.
COMMENT
RCW 9A.76.010(3).
Departing from a private residential treatment facility to which a defendant has been confined as a condition of probation is not an escape under RCW 9A.76.110, the first degree escape statute, because the private facility is not a “detention facility” as defined in RCW 9A.76.010(3). State v. Walker, 27 Wn.App. 544, 619 P.2d 699 (1980).
Home detention is a “detention facility” within the meaning of RCW 9A.76.110. Leaving home detention without permission may therefore be a first degree escape. State v. Parker, 76 Wn.App. 747, 888 P.2d 167 (1995).
[Current as of September 2019.]
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