1. A person commits the offense of failure to return to confinement if, while serving a sentence for any offense under a work-release program, or while under sentence of any offense to serve a term of confinement which is not continuous, or while serving any other type of sentence for any offense wherein he or she is temporarily permitted to go at large without guard, he or she purposely fails to return to confinement when he or she is required to do so.
2. This section does not apply to persons who are free on bond, bail or recognizance, personal or otherwise, nor to persons who are on probation or parole, temporary or otherwise.
3. The offense of failure to return to confinement is a class C misdemeanor unless:
(1) The sentence being served is one of confinement in a county or private jail on conviction of a felony, in which case it is a class A misdemeanor; or
(2) The sentence being served is to the Missouri department of corrections, in which case it is a class E felony.