California Penal Code 4530 PC prohibits state prison inmates from attempting to escape. Escape from prison is a felony offense carrying up to three or six more years behind bars depending on whether the defendant used force or violence.
The full language of the code section states that:
4530. (a) Every prisoner confined in a state prison who, by force or violence, escapes or attempts to escape therefrom and every prisoner committed to a state prison who, by force or violence, escapes or attempts to escape while being conveyed to or from that prison or any other state prison, or any prison road camp, prison forestry camp, or other prison camp or prison farm or any other place while under the custody of prison officials, officers or employees; or who, by force or violence, escapes or attempts to escape from any prison road camp, prison forestry camp, or other prison camp or prison farm or other place while under the custody of prison officials, officers or employees; or who, by force or violence, escapes or attempts to escape while at work outside or away from prison under custody of prison officials, officers, or employees, is punishable by imprisonment in the state prison for a term of two, four, or six years. The second term of imprisonment of a person convicted under this subdivision shall commence from the time he or she would otherwise have been discharged from prison. No additional probation report shall be required with respect to that offense.
(b) Every prisoner who commits an escape or attempts an escape as described in subdivision (a), without force or violence, is punishable by imprisonment in the state prison for 16 months, or two or three years to be served consecutively. No additional probation report shall be required with respect to such offense.
(c) The willful failure of a prisoner who is employed or continuing his education, or who is authorized to secure employment or education, or who is temporarily released pursuant to Section 2690, 2910, or 6254, or Section 3306 of the Welfare and Institutions Code, to return to the place of confinement not later than the expiration of a period during which he or she is authorized to be away from the place of confinement, is an escape from the place of confinement punishable as provided in this section. A conviction of a violation of this subdivision, not involving force or violence, shall not be charged as a prior felony conviction in any subsequent prosecution for a public offense.
Legal Analysis
California Penal Code 4530 PC makes it a crime for inmates in the state prison system to escape or attempt to escape. State prison includes:
- the prison building
- any prison road camp
- any prison forestry camp
- any prison camp or prison farm
- any place while under the custody of prison officials (such as a prison bus)
The severity of the felony penalties turns on whether the inmate used force or violence in the escape attempt:
| Escape from Prison | California Prison Term |
| Without force or violence | Felony:
|
| With force or violence | Felony:
|
Note that penalties are the same if the inmate did not mean to escape but did willfully fail to return by curfew.
Defendants convicted of escape will serve the sentence after they finish serving their current sentence.1
Escaping from prison is a felony in California.
See our related article on escape from custody (PC 4532).
Legal References
- California Penal Code 4530 PC – Escape or attempted escape from state prison, camp, farm or custodial work site; Punishment; Failure to return from authorized absence. See, for example, People v. Bailey (Cal. 2012), 54 Cal. 4th 740, 143 Cal. Rptr. 3d 647, 279 P.3d 1120; People v. Brock (Cal. App. 2d Dist. 2006), 141 Cal. App. 4th 1320, 46 Cal. Rptr. 3d 896.