New Mexico Forms Library

14-2228A. Escape; jail release program; essential elements.¹

For you to find the defendant guilty of escape from a jail release program [as charged in Count ____________]², the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1.   The defendant was committed to __________________ (identify institution);

2.   The [sheriff] [jail administrator]³ of __________________ (identify institution), with the approval of the [board of county commissioners of __________________ (name of county)] [governing body of __________________ (name of municipality)] had established a release program to allow prisoners to [attend school] [or] [be employed];

3.   The defendant was released from __________________ (identify institution) to __________________ (describe purpose for release);

4.   The defendant failed to return to confinement within the time fixed for the defendant’s return;

5.   The defendant’s failure to return was willful, without sufficient justification or excuse⁴;

6.   The defendant intended not to return within the time fixed⁴;

7.   This happened in New Mexico on or about the __________ day of ______________, ________.

USE NOTES

1.   This instruction is to be used when a prisoner escapes from a prisoner-release program established in a county or municipal jail or detention center under NMSA 1978, Section 33-3-24 (1981). For escape from a community custody release program under NMSA 1978, Section 30-22-8.1 (1999), use UJI 14-2228C NMRA. For escape from a penitentiary inmate-release program under NMSA 1978, Sections 33-2-43 to -47 (1969, as amended through 1980), use UJI 14-2228B NMRA.

2.   Insert the count number if more than one count is charged.

3.   Use only the applicable alternatives.

4.   This element is necessary to comply with State v. Rosaire, 1997-NMSC-034, 123 N.M. 701, 945 P.2d 66.

[Adopted by Supreme Court Order No. 22-8300-031, effective for all cases pending or filed on or after December 31, 2022.]