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
- Arkansas-Specific Practice Notes
IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS
[________________________________] DIVISION
| STATE OF ARKANSAS | |
| 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 furlough or recommend temporary release from custody pursuant to Ark. Code § 12-41-104, AR 812, and related regulations, and in support thereof states as follows:
I. DEFENDANT/INMATE INFORMATION
| Field | Details |
|---|---|
| Full Legal Name | [________________________________] |
| ADC Number | [________________________________] |
| Date of Birth | [__/__/____] |
| Current Facility/Unit | [________________________________] |
| Custody Classification | [________________________________] (Class I-A / I-B / Other) |
| Sentencing Date | [__/__/____] |
| Offense(s) of Conviction | [________________________________] |
| Sentence Imposed | [________________________________] |
| Projected Release Date | [__/__/____] |
| Parole Eligibility Date | [__/__/____] |
| Time Served | [________________________________] |
| Continuous Custody Duration | [________________________________] |
II. GROUNDS FOR FURLOUGH
The Defendant respectfully requests furlough on the following grounds (check all that apply):
☐ Medical Emergency — The Defendant or an immediate family member faces a critical medical condition.
☐ Family Emergency / Death — A member of the Defendant's immediate family is critically ill or has died.
☐ Meritorious Furlough — The Defendant has demonstrated exemplary conduct and seeks meritorious furlough under AR 812.
☐ Employment / Work Release — The Defendant is enrolled in or seeks enrollment in a work-release program.
☐ Education / Training — The Defendant is participating in educational or vocational programming.
☐ Rehabilitation Program — The Defendant seeks to participate in a community-based program.
☐ Reentry Preparation — The Defendant seeks furlough to prepare for community reintegration.
☐ Childcare / Family Responsibility — The Defendant is the primary caregiver for minor children.
☐ Other — [________________________________]
Factual Basis
[________________________________]
[________________________________]
[________________________________]
III. STATUTORY AND REGULATORY AUTHORITY
A. Meritorious Furlough (AR 812 / 12 CAR § 70-107)
Meritorious furlough is available to inmates who demonstrate exemplary conduct. Requirements include:
- Continuous custody for at least one year
- Class I-A or I-B classification
- No major disciplinary violations for at least six months
- No pending felony detainers
- Approved sponsor
- Maximum duration: 5 calendar days
B. Emergency Furlough (16 CAR § 30-103)
Emergency furlough is limited to critical illness or death of immediate family members:
- Class I-A/I-B inmates: Up to 3 days; may be released to family or friends
- Death/LWOP/Life sentences: Limited to 4 hours; Director approval required
- Other inmates: Up to 48 hours; must be escorted by certified law enforcement
C. Work-Release Furlough
Work-release participants may receive furlough after:
- 90 days in the work-release program
- No major disciplinary infractions for 120 days
- Maximum duration: 48 hours (72 hours on holiday weekends)
D. Ark. Code § 12-41-104
Provides general statutory authority for the ADC to establish furlough programs and criteria.
IV. PROPOSED CONDITIONS OF FURLOUGH
| Condition | Proposed Terms |
|---|---|
| Furlough Type | ☐ Meritorious ☐ Emergency ☐ Work-Release ☐ Other |
| Duration | [________________________________] |
| Dates Requested | From [__/__/____] to [__/__/____] |
| Destination | [________________________________] |
| Approved Sponsor | [________________________________] |
| Sponsor Address | [________________________________] |
| Sponsor Phone | [________________________________] |
| Supervision | ☐ Released to approved sponsor ☐ Law enforcement escort ☐ ADC staff escort ☐ Other: [________________________________] |
| Travel Restrictions | ☐ Remain within [________________________________] County ☐ Remain within Arkansas ☐ Other: [________________________________] |
| Transportation | [________________________________] |
Additional Conditions
☐ The Defendant agrees to submit to medical screening upon return to the facility.
☐ The Defendant agrees to submit to drug and alcohol testing.
☐ The Defendant agrees to return to the facility by [__/__/____] at [____] hours.
☐ The Defendant agrees to comply with all ADC furlough regulations.
☐ Local law enforcement shall be notified of the Defendant's furlough.
☐ Victim notification shall be provided upon request.
☐ Other conditions: [________________________________]
V. RISK ASSESSMENT
A. Flight Risk Assessment
The Defendant presents a [____] (low/moderate) flight risk based on:
- Community ties: [________________________________]
- Family connections: [________________________________]
- Remaining sentence: [________________________________]
- No pending felony detainers: ☐ True ☐ False
- No history of escape: ☐ True ☐ False
B. Public Safety Assessment
- Nature of underlying conviction: [________________________________]
- No major disciplinary violations in past six months: ☐ True ☐ False
- Rehabilitation progress: [________________________________]
C. Institutional Behavior Record
- Current classification: [________________________________] (Class I-A / I-B / Other)
- Continuous custody duration: [________________________________]
- Major disciplinary infractions (past 6 months): ☐ None ☐ [________________________________]
- Major disciplinary infractions (past 12 months): ☐ None ☐ [________________________________]
- Program participation: [________________________________]
- Work assignments: [________________________________]
VI. SUPPORTING DOCUMENTATION
☐ Exhibit A — Medical records/physician statement
☐ Exhibit B — Death certificate or family emergency verification
☐ Exhibit C — Employment verification (work-release)
☐ Exhibit D — Educational enrollment documentation
☐ Exhibit E — ADC disciplinary/behavior record
☐ Exhibit F — Sponsor verification and address confirmation
☐ Exhibit G — Inmate classification summary (Class I-A/I-B documentation)
☐ Exhibit H — Victim notification confirmation (if applicable)
☐ Exhibit I — Meritorious Furlough Review Committee recommendation (if applicable)
☐ Exhibit J — [________________________________]
VII. CONCLUSION
WHEREFORE, the Defendant respectfully requests that this Honorable Court:
- Grant this Motion for Furlough / Temporary Release;
- Enter the attached Proposed Order authorizing furlough;
- Direct the Arkansas Department of Corrections to facilitate the furlough; and
- Grant such other and further relief as this Court deems just and proper.
Respectfully submitted,
[________________________________]
Attorney for Defendant
[________________________________]
[________________________________]
[________________________________]
Arkansas Bar No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Date: [__/__/____]
PROPOSED ORDER GRANTING FURLOUGH
IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS
Case No.: [________________________________]
Upon consideration of the Defendant's Motion for Furlough and the Court finding good cause shown, it is hereby:
ORDERED that the Defendant, [________________________________], ADC No. [________________________________], is granted furlough from [__/__/____] to [__/__/____], subject to the following conditions:
- The Defendant shall remain in the custody/supervision of [________________________________].
- The Defendant shall reside at [________________________________] during the furlough period.
- The Defendant shall not leave [________________________________] County without prior authorization.
- Local law enforcement in [________________________________] shall be notified.
- The Defendant shall submit to medical screening and drug/alcohol testing upon return.
- The Defendant shall return to [________________________________] no later than [__/__/____] at [____] hours.
- Failure to return shall constitute grounds for escape charges and revocation.
- Additional conditions: [________________________________]
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:
☐ Office of the Prosecuting Attorney, [________________________________] Judicial District
Address: [________________________________]
☐ Arkansas Department of Corrections — Division of Correction
Address: [________________________________]
☐ Warden, [________________________________] Unit
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
ARKANSAS-SPECIFIC PRACTICE NOTES
Granting Authority: Unit warden or center supervisor (with Director approval for death/life sentences). Meritorious Furlough Review Committee evaluates meritorious requests. Board of Corrections approves furloughs for life-sentenced inmates. County Sheriff or Chief of Police for local jails.
Furlough Types and Durations:
- Meritorious Furlough: Up to 5 calendar days
- Emergency Furlough (Class I-A/I-B): Up to 3 days
- Emergency Furlough (Death/LWOP/Life): 4 hours with Director approval
- Emergency Furlough (Others): Up to 48 hours with law enforcement escort
- Work-Release Furlough: 48 hours (72 hours on holiday weekends)
Classification Requirements: Meritorious furlough requires Class I-A or I-B classification. Emergency furlough custody requirements vary by inmate classification. Class I-A/I-B inmates may be released to family or friends; others require certified law enforcement escort.
Sponsor Requirement: All furloughs require an approved sponsor. The sponsor must agree to transport and house the inmate during the furlough period.
Victim Notification: Victim notification is required upon request. Ensure compliance with ADC victim notification policies.
Local Law Enforcement: Notification of local law enforcement is required for all furloughs.
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 ADC regulations before filing.
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