Motion for Furlough - Arkansas

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. Arkansas-Specific Practice Notes

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________] DIVISION

MOTION FOR FURLOUGH / TEMPORARY RELEASE

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and requests that this Court transmit a recommendation for administrative consideration of temporary release under 12 CAR § 70-107. The Division of Correction, through its designated officials, decides whether to approve furlough under that rule. 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):

☐ 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. Administrative Decision

The requested furlough requires review and approval through the Division of Correction's procedures under 12 CAR § 70-107. This motion requests a recommendation; it does not ask the Court to substitute its decision for the division's approval.

IV. PROPOSED CONDITIONS OF FURLOUGH

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:

1. Consider this request for a recommendation supporting administrative review of furlough;
2. If appropriate, enter the attached proposed recommendation for transmission to the Division of Correction; and
3. 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 TRANSMITTING RECOMMENDATION

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 this Court's recommendation concerning Defendant [________________________________], ADC No. [________________________________], be transmitted to the Division of Correction for its independent review under 12 CAR § 70-107. This order does not grant furlough or direct release. The proposed period and conditions for the division to consider are:

1. The Defendant shall remain in the custody/supervision of [________________________________].
2. The Defendant shall reside at [________________________________] during the furlough period.
3. The Defendant shall not leave [________________________________] County without prior authorization.
4. Local law enforcement in [________________________________] shall be notified.
5. The Defendant shall submit to medical screening and drug/alcohol testing upon return.
6. The Defendant shall return to [________________________________] no later than [__/__/____] at [____] hours.
7. Any approved release remains subject to the division's written conditions.
8. 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.