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. California-Specific Practice Notes

SUPERIOR COURT OF THE STATE OF CALIFORNIA

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 California Penal Code §§ 6260-6265 and related provisions, 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 Furlough — The Defendant suffers from a serious or terminal medical condition requiring treatment not available at the facility.

☐ Emergency Furlough (PC § 2713.1) — A member of the Defendant's immediate family has died or is seriously ill.

☐ Family Emergency / Death — The Defendant seeks temporary release to attend a funeral or visit a critically ill family member.

☐ Reentry Work Furlough (PC §§ 6260-6265) — The Defendant is within 120 days of release and seeks work furlough for reentry.

☐ Training Furlough — The Defendant seeks temporary release for approved vocational or educational training.

☐ Transitional Program — The Defendant seeks enrollment in a transitional program (up to 120 days).

☐ Alternative Custody Program (ACP) — The Defendant seeks placement in ACP for the last 12 months of sentence.

☐ Rehabilitation Program — The Defendant seeks participation in a community-based rehabilitation program.

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

☐ Other — [________________________________]

Factual Basis

[________________________________]
[________________________________]
[________________________________]

III. STATUTORY AUTHORITY

A. Cal. Penal Code §§ 6260-6265 — Reentry Work Furlough

Authorizes CDCR to grant work furlough within 120 days of release. Review begins 120 days prior to release. Exclusions include:

• Convictions for sex crimes or arson
• History of forced escape
• Drug use, sales, or addiction issues
• Serious institutional misconduct
• More than one violent felony conviction

B. Cal. Penal Code § 2713.1 — Emergency Furlough

Authorizes temporary release for death or serious illness of an immediate family member. Approval authority differs by case category (Director or Board members).

C. 15 CCR §§ 3078.5, 3078.6 — Alternative Custody Program (ACP)

Allows eligible inmates to serve up to the last 12 months of their sentence in the community under electronic monitoring and DAPO supervision. One day of ACP participation replaces one day of incarceration.

D. 9 CCR § 30826 — Release Allowances

Governs release allowances and modified release programs (renumbered from 15 CCR § 4963 in 2020).

E. 15 CCR § 3075.2 — Earned Credit Considerations

Addresses earned credit calculations that may affect furlough eligibility and timing.

IV. PROPOSED CONDITIONS OF FURLOUGH

Additional Conditions

☐ The Defendant agrees to submit to anti-narcotic testing.

☐ The Defendant agrees to comply with curfew requirements.

☐ The Defendant agrees to submit to searches of residence.

☐ The Defendant agrees to adhere to an Individualized Reintegration/Treatment Plan.

☐ The Defendant agrees to wear electronic monitoring equipment.

☐ 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 California: [________________________________]
• Family connections: [________________________________]
• Remaining sentence: [________________________________]
• No history of forced escape: ☐ True ☐ False

B. Public Safety Assessment

• Nature of underlying conviction: [________________________________]
• Not convicted of sex crimes or arson: ☐ True ☐ False
• No more than one violent felony conviction: ☐ True ☐ False
• Rehabilitation progress: [________________________________]

C. Institutional Behavior Record

• Current custody classification: [________________________________]
• Serious institutional misconduct: ☐ None ☐ [________________________________]
• Drug-related issues: ☐ None ☐ [________________________________]
• Program participation: [________________________________]
• Work assignments: [________________________________]
• Earned credits accrued: [________________________________]

VI. SUPPORTING DOCUMENTATION

☐ Exhibit A — Medical records/physician statement

☐ Exhibit B — Death certificate or family emergency verification

☐ Exhibit C — Employment verification letter

☐ Exhibit D — Training/educational program acceptance

☐ Exhibit E — Transitional program enrollment

☐ Exhibit F — ACP application and eligibility documentation

☐ Exhibit G — CDCR disciplinary/behavior record (CDCR 128-G or equivalent)

☐ Exhibit H — Residence verification

☐ Exhibit I — Individualized Reintegration/Treatment Plan

☐ Exhibit J — Victim notification confirmation

☐ 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;
3. Direct CDCR 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 California No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

PROPOSED ORDER GRANTING FURLOUGH

SUPERIOR COURT OF THE STATE OF CALIFORNIA, 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, [________________________________], CDCR No. [________________________________], is granted furlough from [__/__/____] to [__/__/____], subject to the following conditions:

1. The Defendant shall be supervised by DAPO as directed.
2. The Defendant shall reside at [________________________________].
3. The Defendant shall not leave [________________________________] County without prior authorization.
4. The Defendant shall comply with electronic monitoring requirements.
5. The Defendant shall submit to anti-narcotic testing as directed.
6. The Defendant shall comply with curfew and residence search conditions.
7. The Defendant shall return to [________________________________] no later than [__/__/____] at [____] hours.
8. Failure to comply shall result in immediate revocation.
9. Additional conditions: [________________________________]

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

________________________________________
JUDGE OF THE SUPERIOR COURT

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 District Attorney, County of [________________________________]
Address: [________________________________]

☐ California Department of Corrections and Rehabilitation (CDCR)
Address: [________________________________]

☐ Warden, [________________________________] State Prison
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

CALIFORNIA-SPECIFIC PRACTICE NOTES

Granting Authority: CDCR institutional classification committees (chaired by Warden), CDCR Director, or the Board (for juvenile wards and specific categories). Courts may recommend but primary authority rests with CDCR.

Key Programs and Durations:
- Reentry Work Furlough: 120 days prior to release (PC §§ 6260-6265)
- Alternative Custody Program (ACP): Up to last 12 months of sentence
- Transitional Program: Up to 120 days
- Training Furlough: Usually 7 days or less
- Emergency Furlough: Duration varies by circumstances

Exclusions for Work Furlough: Sex crime convictions, arson, forced escape history, drug use/sales/addiction, serious institutional misconduct, more than one violent felony conviction.

ACP Credits: One day of ACP participation counts in lieu of one day of incarceration. Participants receive credits they would have received while incarcerated. ACP return-to-institution rules were amended effective 7/1/2024 (15 CCR § 3078.6).

Regulatory Changes: NCR 18-10 modified release allowances effective 4/1/2019. Section 15 CCR § 4963 was renumbered to 9 CCR § 30826 in 2020.

Supervision: ACP and work furlough participants are supervised by the Division of Adult Parole Operations (DAPO). Conditions typically include electronic monitoring, anti-narcotic testing, curfews, and residence searches.

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 CDCR regulations before filing.