Motion for Furlough

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. Arizona-Specific Practice Notes

IN THE SUPERIOR COURT OF ARIZONA

IN AND FOR THE COUNTY OF [________________________________]

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 ARS § 41-1604.11 and related statutes, and in support thereof 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 / Compassionate Leave — The Defendant or an immediate family member faces a serious medical condition.

☐ Family Emergency / Death — A member of the Defendant's immediate family is critically ill or has died.

☐ Employment / Work Furlough — The Defendant seeks work furlough to maintain or secure gainful employment.

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

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

☐ Reentry Preparation — The Defendant is within 90 days of release and seeks preparatory furlough.

☐ Home Arrest — The Defendant qualifies for home arrest under ARS § 41-1604.13 with intensive electronic supervision.

☐ Childcare / Family Responsibility — The Defendant is the primary caregiver for minor children.

☐ Emergency Parole — The Defendant is a non-dangerous, first-time offender eligible for emergency release under ARS § 41-1604.11(K).

☐ Other — [________________________________]

Factual Basis

[________________________________]
[________________________________]
[________________________________]

III. STATUTORY AUTHORITY

A. ARS § 41-1604.11 — Temporary Removal and Furlough

This statute authorizes several forms of temporary release:

• Subsection (A): Temporary removal for institutional work purposes (limited to one day)
• Subsection (B): Furlough/temporary release for purposes preparatory to return to community (within 90 days of release date)
• Subsection (C)-(F): Work furlough, requiring Board of Executive Clemency authorization for certain offenses; minimum six months served; within approximately 12 months of parole eligibility
• Subsection (K): Emergency parole for non-dangerous, first-time offenders
• Subsection (L): Temporary release up to 180 calendar days before expiration of term under certain conditions

B. ARS § 31-411 — Release Categories

Provides for discretionary, mandatory, provisional, and earned release credit release, which may interact with furlough eligibility.

C. ARS § 41-1604.13 — Home Arrest

Authorizes home arrest with intensive electronic supervision as an alternative to continued incarceration.

D. ARS § 41-1604.11 Restrictions

Inmates convicted of sexual offenses are generally ineligible for work furlough. Additional restrictions apply based on offense type and time-served requirements.

IV. PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the furlough period:

Additional Conditions

☐ The Defendant agrees to be gainfully employed while on work furlough.

☐ The Defendant agrees to comply with all terms set by the Board or Director.

☐ The Defendant agrees to satisfy any restitution obligations.

☐ The Defendant agrees to reimburse state expenses as required.

☐ The Defendant agrees to submit to drug and alcohol testing.

☐ 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:

• Community ties in Arizona: [________________________________]
• Family connections: [________________________________]
• Remaining sentence: [________________________________]
• No history of escape: ☐ True ☐ False

B. Public Safety Assessment

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

• Nature of underlying conviction: [________________________________]
• Not convicted of a sexual offense: ☐ True ☐ False
• Rehabilitation progress: [________________________________]

C. Institutional Behavior Record

• Current custody classification: [________________________________]
• Disciplinary record summary: [________________________________]
• Program participation: [________________________________]
• Institutional work history: [________________________________]
• Earned release credits accrued: [________________________________]

VI. SUPPORTING DOCUMENTATION

☐ Exhibit A — Medical records/physician statement

☐ Exhibit B — Death certificate or family emergency verification

☐ Exhibit C — Employment verification letter / employer agreement

☐ Exhibit D — Educational enrollment documentation

☐ Exhibit E — Rehabilitation program acceptance letter

☐ Exhibit F — ADCRR disciplinary/behavior record

☐ Exhibit G — Residence verification

☐ Exhibit H — Inmate classification summary

☐ Exhibit I — Victim notification confirmation

☐ Exhibit J — Sentence calculation / earned release credit summary

☐ Exhibit K — [________________________________]

VII. CONCLUSION

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

1. Grant this Motion for Furlough / Temporary Release;
2. Enter the attached Proposed Order authorizing temporary release;
3. Direct ADCRR to facilitate the Defendant's temporary release; and
4. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

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

Date: [__/__/____]

PROPOSED ORDER GRANTING FURLOUGH

IN THE SUPERIOR COURT OF ARIZONA, COUNTY OF [________________________________]

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:

1. The Defendant shall remain under ADCRR supervision as directed.
2. The Defendant shall reside at [________________________________].
3. The Defendant shall not leave [________________________________] without prior authorization.
4. The Defendant shall maintain gainful employment at [________________________________] (if work furlough).
5. The Defendant shall comply with electronic monitoring requirements.
6. The Defendant shall submit to drug and alcohol screening as directed.
7. The Defendant shall return to [________________________________] no later than [__/__/____] at [____] hours.
8. Failure to comply with any condition shall result in immediate revocation.
9. 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:

☐ [________________________________] County Attorney's Office
Address: [________________________________]

☐ Arizona Department of Corrections, Rehabilitation & Reentry (ADCRR)
Address: [________________________________]

☐ Warden, [________________________________] Correctional Complex
Address: [________________________________]

☐ Arizona Board of Executive Clemency (if work furlough)
Address: [________________________________]

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

☐ Sentencing Judge (if different from current judge)

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

________________________________________
Attorney for Defendant

ARIZONA-SPECIFIC PRACTICE NOTES

Granting Authority: The Director of ADCRR has authority for most temporary removals, furloughs, and administrative releases. The Arizona Board of Executive Clemency authorizes work furloughs for certain pre-1994 offenses under ARS § 41-1604.11(C)-(F).

Key Eligibility Restrictions:

• Work furlough: Must have served at least six months; within approximately 12 months of parole eligibility; sexual offense convictions are disqualifying
• Preparatory furlough: Within 90 days of release date (subsection B)
• Administrative release: 180-360 days before expiration under certain conditions (subsection L)
• Certain serious offenses have specific time-served restrictions (see ARS § 41-1604.11)

Victim Notification: Victim, prosecutor, and sentencing judge notice/hearing rights apply for Board-granted work furloughs. Ensure compliance with victim notification requirements.

Home Arrest (ARS § 41-1604.13): Available as an alternative with intensive electronic supervision. Subject to ADCRR Director approval and eligibility criteria.

Emergency Parole (ARS § 41-1604.11(K)): Available for non-dangerous, first-time offenders. Involves different conditions than standard temporary release.

Corrections Agency: Arizona Department of Corrections, Rehabilitation & Reentry (ADCRR) — name reflects 2020 reorganization.

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 ADCRR policies before filing.