TABLE OF CONTENTS
- Caption
- Motion for Furlough / Temporary Release
- Defendant/Inmate Information
- Grounds for Furlough
- Statutory Authority
- Proposed Conditions of Furlough
- Risk Assessment
- Supporting Documentation
- Proposed Order
- Certificate of Service
- Alaska-Specific Practice Notes
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[________________________________] JUDICIAL DISTRICT AT [________________________________]
| STATE OF ALASKA | |
| v. | Case No.: [________________________________] |
| [________________________________], | |
| Defendant. |
MOTION FOR FURLOUGH / TEMPORARY RELEASE
COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and respectfully moves this Honorable Court to grant temporary release from custody pursuant to AS 12.30.031 and/or to recommend furlough under AS 33.30.101, and in support thereof states as follows:
I. DEFENDANT/INMATE INFORMATION
| Field | Details |
|---|---|
| Full Legal Name | [________________________________] |
| DOC Number | [________________________________] |
| Date of Birth | [__/__/____] |
| Current Facility | [________________________________] |
| Custody Classification | [________________________________] |
| Sentencing Date | [__/__/____] |
| Offense(s) of Conviction | [________________________________] |
| Sentence Imposed | [________________________________] |
| Projected Release Date | [__/__/____] |
| Parole Eligibility Date | [__/__/____] |
| Time Served | [________________________________] |
| Portion of Sentence Served | [________________________________] (one-third requirement for sentences over one year) |
II. GROUNDS FOR FURLOUGH
The Defendant respectfully requests furlough on the following grounds (check all that apply):
☐ Medical Emergency — The Defendant requires medical or dental examination or treatment not available within the facility.
☐ Family Emergency / Death — A member of the Defendant's immediate family has died or is critically ill, requiring the Defendant's presence.
☐ Birth of Child — The Defendant's child is expected to be born on or about [__/__/____].
☐ 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.
☐ Childcare / Family Responsibility — The Defendant's minor children require arrangement of care.
☐ Other — [________________________________]
Factual Basis
[________________________________]
[________________________________]
[________________________________]
III. STATUTORY AUTHORITY
A. AS 12.30.031 — Court-Ordered Temporary Release
Under AS 12.30.031, the court may order temporary release of a prisoner for urgent reasons, including but not limited to:
- Death in the family
- Birth of a child
- Necessary medical or dental examinations
- Other compelling circumstances
B. AS 33.30.101 — Commissioner-Granted Furlough
The Commissioner of Corrections may grant furlough to prisoners classified at community custody level for purposes including:
- 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 sentences over one year, the prisoner must have served at least one-third of the sentence and be within three years of the release date. The prisoner must have no pending disciplinary actions or major/high-moderate infractions within the past 120 days, and must agree in writing to all conditions.
D. 22 AAC 05.321 — Administrative Regulations
The Alaska Administrative Code sets forth additional procedural requirements and conditions for furlough programs administered by the Department of Corrections.
IV. PROPOSED CONDITIONS OF FURLOUGH
The Defendant proposes the following conditions during the furlough period:
| Condition | Proposed Terms |
|---|---|
| Duration | [________________________________] |
| Dates Requested | From [__/__/____] to [__/__/____] |
| Destination | [________________________________] |
| Sponsor/Residential Placement | [________________________________] |
| Sponsor Address | [________________________________] |
| Sponsor Phone | [________________________________] |
| Supervision | ☐ DOC supervision/frequent staff contact ☐ Electronic monitoring ☐ Residential placement (halfway house) ☐ Other: [________________________________] |
| Travel Restrictions | ☐ Remain within [________________________________] ☐ Remain within Alaska ☐ Other: [________________________________] |
| Reporting Requirements | [________________________________] |
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:
- Grant this Motion for Furlough / Temporary Release;
- Enter the attached Proposed Order authorizing temporary release under AS 12.30.031;
- Alternatively, recommend to the Commissioner of Corrections that furlough be granted under AS 33.30.101;
- 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 COURT FOR THE STATE OF ALASKA
[________________________________] JUDICIAL DISTRICT
Case No.: [________________________________]
Upon consideration of the Defendant's Motion for Furlough and the record herein, and the Court finding good cause shown pursuant to AS 12.30.031, it is hereby:
ORDERED that the Defendant, [________________________________], DOC No. [________________________________], is granted temporary release from [__/__/____] to [__/__/____], subject to the following conditions:
- The Defendant shall report to [________________________________] as directed.
- The Defendant shall reside at [________________________________] during the furlough period.
- The Defendant shall not leave the [________________________________] area without prior authorization.
- The Defendant shall maintain frequent contact with supervising staff and ensure staff knowledge of location at all times.
- The Defendant shall submit to drug and alcohol screening as directed.
- The Defendant shall comply with electronic monitoring if required.
- The Defendant shall return to [________________________________] facility no later than [__/__/____] at [____] hours.
- Failure to remain within extended limits or failure to return shall be treated in accordance with AS 33.30.121.
- Additional conditions: [________________________________]
SO ORDERED this [____] day of [________________________________], 20[____].
________________________________________
SUPERIOR 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
Dual Authority: Alaska has two pathways: (1) Court-ordered temporary release under AS 12.30.031 for urgent reasons; (2) Commissioner-granted furlough under AS 33.30.101 for rehabilitation, employment, and reentry. This motion addresses the court pathway; adapt for administrative petitions to DOC.
Eligibility for Commissioner Furlough:
- Community custody classification required
- Sentences over one year: must have served at least one-third and be within three years of release
- No pending disciplinary actions
- No major/high-moderate infractions in prior 120 days
- Written agreement to all conditions required
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
Good Time Credits: Prisoners on furlough generally continue to earn statutory good time credits under AS 33.20.010. Forfeiture of credits for rule infractions is governed by AS 33.20.050.
Court-Ordered Release (AS 12.30.031): Available for death in the family, birth of a child, medical/dental examinations, and other urgent reasons. This is procedurally distinct from Commissioner-granted furlough.
Regional Director Authority: For prerelease furloughs, the Regional Director (rather than the Commissioner directly) may authorize placement.
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.
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