In Chandler v. State, 257 Ga. 775 (364 S.E.2d 273) (1988), the Supreme Court of Georgia considered whether a probationer participating in an alternative incarceration program who failed to return after being given permission to leave for a time could be prosecuted for escape or merely for probation revocation. The court held that the lesser penalty of revocation applied. Id. at 776. Subsequently, the legislature amended the escape statute to provide that a person commits the offense of escape when he: Intentionally fails to return as instructed to lawful custody or lawful confinement or to any residential facility operated by the Georgia Department of Corrections after having been released on the condition that he or she will so return; provided, however, such person shall be allowed a grace period of eight hours from the exact time specified for return if such person can prove he or she did not intentionally fail to return. O.C.G.A. 16-10-52 (a) (5).