Motion for Furlough - Alaska

TABLE OF CONTENTS

1. Caption
2. Motion for Furlough / Temporary Release
3. Defendant/Inmate Information
4. Grounds for Furlough
5. Statutory Authority
6. Proposed Conditions of Furlough
7. Risk Assessment
8. Supporting Documentation
9. Proposed Order
10. Certificate of Service
11. Alaska-Specific Practice Notes

IN THE [SUPERIOR/DISTRICT] COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

MOTION FOR FURLOUGH / TEMPORARY RELEASE

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and respectfully moves this Honorable Court for temporary release from custody under AS 12.30.031, and in support thereof states as follows. The separate DOC furlough information below is for preparing an administrative request to the Department of Corrections; it is not relief this court motion can grant.

I. DEFENDANT/INMATE INFORMATION

II. GROUNDS FOR FURLOUGH

Select the applicable pathway and only the grounds authorized for that pathway.

A. Court-Ordered Temporary Release — AS 12.30.031

☐ The person is detained under AS 12.30 and is held in connection with a misdemeanor or class B or C felony.

Requested statutory ground:

☐ Death of Immediate Family Member — [Name and relationship: ________________________________]

☐ Birth of the Person's Child — The child is expected to be born on or about [__/__/____]. The defendant will execute an affidavit of paternity before release: [attach executed affidavit, if available / describe arrangements: ________________________________].

☐ Mental Health or Substance-Abuse Assessment — The assessment cannot be accommodated in the facility or telephonically.

☐ Medical or Dental Examination for Residential Treatment — The examination is required for acceptance into a residential treatment facility.

B. Department of Corrections Furlough — AS 33.30.101-.121 (separate administrative request only)

Requested administrative purpose:

☐ Medical or Psychiatric Treatment

☐ Employment — The Defendant has secured or seeks to secure employment as part of reentry planning.

☐ Education / Vocational Training — The Defendant has been accepted into or is participating in an educational or vocational training program.

☐ Rehabilitation Program — The Defendant seeks to participate in a community-based counseling or treatment program.

☐ Reentry Preparation — The Defendant is within [____] months of release and seeks furlough to secure housing, employment, or community services.

☐ Other Rehabilitative Purpose Approved by the Commissioner — [________________________________]

Factual Basis

[________________________________]
[________________________________]
[________________________________]

III. STATUTORY AUTHORITY

A. AS 12.30.031 — Court-Ordered Temporary Release

AS 12.30.031 permits temporary release only when the person is detained under AS 12.30 in connection with a misdemeanor or class B or C felony and the request is based on one of four listed grounds: death of an immediate family member; birth of the person's child with the required paternity affidavit; a mental-health or substance-abuse assessment that cannot be accommodated in the facility or telephonically; or a medical or dental examination required for acceptance into residential treatment. Before deciding, the court must solicit and consider information from DOC about the person's conduct while incarcerated.

B. AS 33.30.101 — Commissioner-Granted Furlough

The Commissioner of Corrections may grant furlough for purposes including those below, subject to the applicable statutory and regulatory criteria. Community custody classification is a prerequisite for the prerelease furlough route in 22 AAC 05.321(c)(1), not a blanket condition for every short-duration furlough. For specified mandatory 99-year or definite sentences, AS 33.30.101(c) permits a furlough only with direct correctional-officer custody throughout the absence. A prisoner convicted of a crime involving domestic violence may be released on furlough only under conditions protecting the victim or other household member under AS 33.30.101(d).

• Employment
• Counseling, education, training, and rehabilitation
• Medical or psychiatric treatment
• Securing a residence
• Resocialization and rehabilitative purposes

C. AS 33.30.111 — Conditions and Eligibility

For prerelease furlough eligibility under 22 AAC 05.321, a sentenced prisoner must be at community custody level; if the sentence exceeds one year, the prisoner must have served at least one-third and be within three years of the firm release date; the prisoner may not have a pending disciplinary action or a major or high-moderate infraction within the prior 120 days unless the commissioner makes the regulation's written suitability finding; and the prisoner must agree in writing to the conditions. The regional director decides the request, with an appeal to the deputy commissioner.

D. 22 AAC 05.321 — Administrative Regulations

This regulation governs prerelease furlough eligibility, decision-making, victim notice, supervision, and the administrative appeal route. AS 33.30.111(f)-(g) also requires victim notice in specified cases, including domestic-violence convictions. These DOC requirements do not expand the separate court-release grounds in AS 12.30.031.

IV. PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the furlough period:

Additional Conditions

☐ The Defendant agrees to maintain frequent contact with supervising staff.

☐ The Defendant agrees that staff shall know the Defendant's location at all times.

☐ The Defendant agrees to provide periodic performance reports as directed.

☐ The Defendant agrees to reside in an approved residential setting.

☐ The Defendant agrees to return to the facility by [__/__/____] at [____] hours.

☐ Other conditions: [________________________________]

V. RISK ASSESSMENT

A. Flight Risk Assessment

The Defendant presents a [____] (low/moderate) flight risk based on the following:

• Community ties in Alaska: [________________________________]
• Family connections: [________________________________]
• Remaining sentence length: [________________________________]
• No pending disciplinary actions: ☐ True ☐ False
• No major infractions in past 120 days: ☐ True ☐ False
• No history of escape or attempted escape: ☐ True ☐ False

B. Public Safety Assessment

The Defendant does not pose an unreasonable risk to public safety because:

• Nature of underlying conviction: [________________________________]
• Current custody classification (community level): [________________________________]
• Rehabilitation progress: [________________________________]

C. Institutional Behavior Record

• Current custody classification: [________________________________]
• Disciplinary infractions in the past 120 days: ☐ None ☐ [________________________________]
• Major/high-moderate infractions in the past 120 days: ☐ None ☐ [________________________________]
• Program participation and completion: [________________________________]
• Institutional work assignments: [________________________________]
• Written agreement to conditions: ☐ Signed ☐ Pending

VI. SUPPORTING DOCUMENTATION

The following documents are attached in support of this Motion:

☐ Exhibit A — Medical records/physician statement

☐ Exhibit B — Death certificate or verification of family emergency

☐ Exhibit C — Birth of child documentation

☐ Exhibit D — Employment verification letter

☐ Exhibit E — Educational enrollment documentation

☐ Exhibit F — Rehabilitation program acceptance letter

☐ Exhibit G — DOC disciplinary/behavior record

☐ Exhibit H — Sponsor/residential placement verification

☐ Exhibit I — Inmate classification summary

☐ Exhibit J — Sentence calculation showing one-third served (if applicable)

☐ Exhibit K — [________________________________]

VII. CONCLUSION

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

1. Grant this Motion for Temporary Release under AS 12.30.031;
2. Enter the attached Proposed Order authorizing temporary release under AS 12.30.031;
3. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

[________________________________]
Attorney for Defendant
[________________________________]
[________________________________]
[________________________________]
Alaska Bar No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

PROPOSED ORDER GRANTING TEMPORARY RELEASE

IN THE [SUPERIOR/DISTRICT] COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT

Case No.: [________________________________]

Upon consideration of the Defendant's Motion for Temporary Release, after soliciting and considering information from the Department of Corrections concerning the Defendant's conduct while incarcerated, the Court finds that the Defendant is detained under AS 12.30 in connection with a [misdemeanor / class B felony / class C felony] and that release is warranted for the statutory ground of [________________________________]. If the ground is a mental-health or substance-abuse assessment, the Court finds that the assessment cannot be accommodated in the facility or telephonically because [________________________________]. If the ground is the birth of the defendant's child, the defendant must execute an affidavit of paternity before release. It is hereby:

ORDERED that the Defendant, [________________________________], DOC No. [________________________________], is granted temporary release from [__/__/____] to [__/__/____], subject to the following conditions:

1. The Defendant shall report to [________________________________] as directed.
2. The Defendant shall reside at [________________________________] during the furlough period.
3. The Defendant shall not leave the [________________________________] area without prior authorization.
4. The Defendant shall maintain frequent contact with supervising staff and ensure staff knowledge of location at all times.
5. The Defendant shall submit to drug and alcohol screening as directed.
6. The Defendant shall comply with electronic monitoring if required.
7. The Defendant shall return to [________________________________] facility no later than [__/__/____] at [____] hours.
8. The Defendant shall appear in court during normal business hours at the end of the temporary-release period and before return to a correctional facility, as required by AS 12.30.031(b).
9. Failure to comply with this order may result in revocation and any other consequence authorized by applicable law.
10. Additional conditions: [________________________________]

SO ORDERED this [____] day of [________________________________], 20[____].

________________________________________
[SUPERIOR/DISTRICT] COURT JUDGE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Furlough and Proposed Order was served upon the following:

☐ Office of the District Attorney, [________________________________]
Address: [________________________________]

☐ Alaska Department of Corrections
Address: [________________________________]

☐ Superintendent, [________________________________] Correctional Center
Address: [________________________________]

☐ Victim(s) / Victim's representative (if applicable)
Address: [________________________________]

☐ By U.S. Mail, postage prepaid
☐ By hand delivery
☐ By electronic filing/service

________________________________________
Attorney for Defendant

ALASKA-SPECIFIC PRACTICE NOTES

Separate Pathways: Alaska has (1) narrowly enumerated court-ordered temporary release under AS 12.30.031 and (2) DOC-administered prerelease or short-duration furloughs under AS 33.30.101-.121. A court motion cannot substitute for the administrative eligibility and decision process.

Eligibility for DOC prerelease furlough (not the court motion):

• Community custody classification required for prerelease furlough under 22 AAC 05.321(c)(1)
• Sentences over one year: must have served at least one-third and be within three years of release
• No pending disciplinary action or major/high-moderate infraction in prior 120 days, unless the commissioner makes the written finding allowed by 22 AAC 05.321(c)(3)
• Written agreement to all conditions required
• Direct correctional-officer custody throughout furlough for the sentences specified in AS 33.30.101(c); protective conditions for a domestic-violence victim or other household member under AS 33.30.101(d)
• Victim notice when AS 33.30.111(f) or (g) applies

Furlough Durations:

• Short-duration furloughs: Generally limited to 12 hours
• Family visitations: Up to one week (once every four months)
• Medical treatment: As long as necessary
• Prerelease furloughs: Tied to residential placement, no statutory maximum

Court-Ordered Release (AS 12.30.031): Available only for the listed offense classes and the four statutory grounds stated above. The court must obtain and consider DOC conduct information, and a released person must appear in court at the end of the release before returning to the facility.

Regional Director Authority: For prerelease furloughs, the Regional Director (rather than the Commissioner directly) may authorize placement.

OFFICIAL SOURCES

• Alaska Statutes §§ 12.30.031 and 33.30.101-.121: https://www.akleg.gov/basis/statutes.asp
• 22 AAC 05.321: https://www.akleg.gov/basis/aac.asp

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Laws and regulations change frequently. Always verify current statutes and DOC regulations before filing.