Motion for Furlough - Alabama

TABLE OF CONTENTS

Before you use this: This motion asks the court only for a recommendation. Submit ADOC Form 405-C for a discretionary pass, leave, or furlough, or ADOC Form 708-A for medical furlough; ADOC decides whether release is approved.

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

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

[________________________________] JUDICIAL CIRCUIT

MOTION FOR RECOMMENDATION ON FURLOUGH REQUEST

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and respectfully requests a nonbinding recommendation for ADOC's consideration of a furlough application. The Department of Corrections, rather than this Court, decides an ADOC furlough request under Alabama Code §§ 14-14-1 through 14-14-4 and ADOC Administrative Regulations 405 and 708. In support of the requested recommendation, Defendant states as follows:

I. DEFENDANT/INMATE INFORMATION

II. GROUNDS FOR FURLOUGH

The Defendant respectfully requests furlough on the following grounds (check all that apply):

☐ Emergency Visit (AR 405) — A qualifying immediate-family emergency calls for an escorted or unescorted visit under ADOC's rules.

☐ Medical Furlough (Ala. Code §§ 14-14-2 to -4; AR 708) — The inmate may qualify as a geriatric, permanently incapacitated, or terminally ill inmate, subject to the Act's exclusions and ADOC's medical and discharge review.

☐ Family Emergency / Death (AR 405) — A qualifying immediate-family member is critically ill or has died; the requested relief is an ADOC emergency visit.

☐ Employment / Vocational — The Defendant has secured or seeks to secure employment as part of a reentry plan.

☐ Education / 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 rehabilitation program not available within the facility.

☐ Reentry Preparation — The Defendant is within [____] months of projected release and seeks furlough to prepare for reintegration into the community.

☐ Childcare / Family Responsibility — The Defendant is the primary caregiver for minor children and furlough is necessary to arrange for their care and welfare.

☐ Other — [________________________________]

Factual Basis

[________________________________]
[________________________________]
[________________________________]

III. STATUTORY AND REGULATORY AUTHORITY

A. Alabama Code Title 14, Chapter 14

Alabama Code §§ 14-14-1 through 14-14-4 establish the Medical Furlough program. ADOC evaluates geriatric, permanently incapacitated, and terminally ill inmates; the commissioner determines release conditions and the discharge plan. Section 14-14-3 restricts reliance on a condition existing at sentencing, requires written consent unless a medical professional finds the inmate incapable of consent, and requires Medicare or Medicaid eligibility or a family member's written agreement to assume financial responsibility. Section 14-14-4 excludes inmates convicted of capital murder or a sexual offense.

B. ADOC Administrative Regulation 405

AR 405 governs emergency visits, passes, leaves, and discretionary furloughs. Its discretionary pass, leave, and furlough routes generally require minimum-community custody; emergency visits have separate custody rules. The inmate submits ADOC Form 405-C to the Warden/Designee for a pass, leave, or furlough. The regulation lists:

• Discretionary Furlough — Up to 72 hours
• Discretionary Leave — Up to 36 or 48 hours
• Discretionary Pass — Up to 4 or 8 hours

For the discretionary pass, leave, and furlough route, AR 405 requires no disciplinary action in the preceding six months and no escape history. Its 24-month limit for a conviction involving serious physical injury is stated for a pass; it is not a blanket rule for every kind of furlough. Additional steps apply before longer leaves and furloughs.

C. ADOC Administrative Regulation 708

AR 708 (dated June 17, 2025) governs medical furlough, not emergency visits. The inmate, family member, attorney, treating professional, or another listed person may initiate ADOC Form 708-A. The completed application goes to the facility's Vendor Health Services Administrator or ADOC Deputy Commissioner of the Office of Health Services. Medical review, discharge planning, and the Commissioner's decision follow under AR 708. AR 405 separately governs escorted and unescorted emergency visits.

IV. PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the furlough period:

Additional Conditions

☐ The Defendant agrees to submit to drug and alcohol screening upon return to the facility.

☐ The Defendant agrees to wear prison uniform and/or restraints as directed by ADOC.

☐ The Defendant agrees to abide by all ADOC furlough regulations.

☐ 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 factors:

• Community ties: [________________________________]
• Family connections in the area: [________________________________]
• Remaining sentence length: [________________________________]
• Prior compliance with court orders: [________________________________]
• 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: [________________________________]
• No violent disciplinary infractions during incarceration: ☐ True ☐ False
• Participation in rehabilitative programs: [________________________________]

C. Institutional Behavior Record

• Current custody classification: [________________________________]
• Disciplinary infractions in the past six months: ☐ None ☐ [________________________________]
• Disciplinary infractions in the past twelve months: ☐ None ☐ [________________________________]
• Program participation and completion: [________________________________]
• Institutional work assignments: [________________________________]

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 — Employment verification letter

☐ Exhibit D — Educational enrollment documentation

☐ Exhibit E — Rehabilitation program acceptance letter

☐ Exhibit F — ADOC disciplinary/behavior record

☐ Exhibit G — Sponsor verification and address confirmation

☐ Exhibit H — Inmate classification summary

☐ Exhibit I — Victim notification confirmation (if applicable)

☐ Exhibit J — [________________________________]

VII. CONCLUSION

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

1. Consider the attached records and, if appropriate, issue a nonbinding recommendation for ADOC to evaluate the identified request under AR 405 or AR 708;
2. Permit counsel to provide that recommendation to ADOC with the applicable agency application; and
3. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

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

Date: [__/__/____]

PROPOSED ORDER REGARDING ADOC FURLOUGH REQUEST

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

Case No.: [________________________________]

Upon consideration of the motion and the record, the Court states its ☐ support ☐ lack of position regarding Defendant's request that ADOC evaluate [IDENTIFY AR 405 OR AR 708 ROUTE]. Counsel may provide this order and supporting material to ADOC. ADOC retains authority to determine eligibility, approval, supervision, and any conditions of release. This order does not direct ADOC to release Defendant.

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

________________________________________
CIRCUIT 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, [________________________________] County
Address: [________________________________]

☐ Alabama Department of Corrections
Address: [________________________________]

☐ Warden, [________________________________] Correctional Facility
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

ALABAMA-SPECIFIC PRACTICE NOTES

Granting Authority: ADOC handles the agency request. Under AR 405, the Warden/Designee ordinarily approves or denies passes, leaves, discretionary furloughs, and unescorted emergency visits; a Deputy Commissioner decides an emergency visit escorted by a sheriff's office. Under AR 708, the Commissioner makes the final medical-furlough decision. A judicial recommendation does not replace ADOC's application or approval process.

Furlough Types and Durations:

• Discretionary Furlough (AR 405): Up to 72 hours
• Discretionary Leave: Up to 36-48 hours
• Discretionary Pass: Up to 4-8 hours
• Escorted Emergency Visit (AR 405): Normally 1 hour
• Unescorted Emergency Visit (AR 405): 1-4 hours; longer only when ADOC finds special circumstances
• Medical Furlough (§ 14-14-4(g); AR 708): Generally for the remainder of the sentence unless revoked

Eligibility: AR 405's discretionary pass, leave, and furlough route requires minimum-community custody, a six-month period without disciplinary action, and no escape history. The serious-physical-injury conviction's 24-month limit applies to a pass. Check the additional requirements for a longer leave or furlough and the separate emergency-visit route.

Medical Furlough: Apply through AR 708's official packet. Sections 14-14-2 to -4 govern the qualifying medical categories, offense exclusions, consent, financial-care prerequisite, and ADOC's decision. Section 14-14-4(g) requires at least biannual medical evaluations after release.

Current ADOC versions: The official index lists AR 708 as dated June 17, 2025 and AR 405 as dated October 26, 2023.

Sentence credits: Confirm with ADOC how the particular approved absence affects custody and sentence-credit records.

SOURCES AND REFERENCES

• Alabama Medical Furlough Act, Ala. Code §§ 14-14-1 to -4: https://alison.legislature.state.al.us/graphql
• ADOC AR 405, Inmate Emergency Visit, Pass, and Leave Program (October 26, 2023): https://www.doc.alabama.gov/wp-content/uploads/2026/02/AR405.pdf
• ADOC AR 708, Medical Furlough Program (June 17, 2025): https://www.doc.alabama.gov/wp-content/uploads/2026/02/AR708.pdf
• ADOC current administrative-regulations index: https://www.doc.alabama.gov/wp-content/uploads/2026/01/ARIndex-Web.pdf

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 ADOC administrative regulations before filing.