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STATE v. CLAY

230 N.J. Super. 509 (1989)

553 A.2d 1356

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH CLAY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1989.

Attorney(s) appearing for the Case

Robin A. Barbarczuk, Designated Counsel, argued the cause for appellant (Alfred A. Slocum, Public Defender of New Jersey, attorney).

Jack J. Lipari, Assistant Prosecutor, argued the cause for respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; Thomas Cannavo, Assistant Prosecutor, of counsel and on the brief).

Before Judges KING, ASHBEY and SKILLMAN.

The opinion of the court was delivered by KING, P.J.A.D.

The issue in this case is whether a participant in the Intensive Supervision Program who fails to abide by the rules and leaves New Jersey is guilty of the crime of escape. N.J.S.A. 2C:29-5 defines the crime of escape:

a. Escape. A person commits an offense if he without lawful authority removes himself from official detention or fails to return to official detention following temporary leave...

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