(a) A person is guilty of escape from custody if such person (1) escapes from custody, or (2) has been adjudicated as delinquent, and escapes from or fails to return from an authorized leave to a state or private facility or institution in which such person has been placed by the court.
(b) If a person has been arrested for, charged with or convicted of a felony, escape from such custody is a class C felony, otherwise, escape from custody is a class A misdemeanor.