No. 837 Pittsburgh, 1982, Appeal from Order of the Court of Common Pleas Juvenile Division, of Erie County at No.363 of 1980.
Carmela R.M. Presogna, Assistant Public Defender, Erie, for appellant.
Dana S. Jones, Assistant District Attorney, Erie, for participating party.
Cavanaugh, Johnson and Montgomery, JJ.
[ 327 Pa. Super. Page 113]
In this case, the appellant, James Welsh, had a history of juvenile delinquency and had been placed in several programs. His history included elopement from several of these programs.
On April 27, 1981, the court below entered a further finding of delinquency and placed James under the care and supervision of St. Michael's School for Boys, an institution which accepts juvenile males who are delinquent or dependent and has various vocational and technical programs for its residents. The residents are not physically confined at the school which operates under the supervision of the Archdiocese of Scranton and is licensed by the Department of Public Welfare. It is not a "secure" facility.*fn1
The appellant was granted a temporary leave for the Easter holidays in April, 1982, and did not return to the
[ 327 Pa. Super. Page 114]
school on the designated date. He was subsequently charged with commission of escape in violation of the Crimes Code, 18 Pa.C.S. § 5121(a) and the court found him to have committed a delinquent act. He was adjudicated delinquent by order of May 25, 1982. An appeal has been taken from this order.
Appellant contends that he cannot be charged with "escape" from St. Michael's School as he was not in "official detention" since St. Michael's is not a physically restricted facility. 18 Pa.C.S. § 5121 in pertinent part provides:
(a) Escape. -- A person commits an offense if he unlawfully removes himself from official detention or fails to return to official detention following temporary leave ...