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. Colorado-Specific Practice Notes

IN THE DISTRICT COURT, [________________________________] JUDICIAL DISTRICT

COUNTY OF [________________________________], STATE OF COLORADO

MOTION FOR FURLOUGH / TEMPORARY RELEASE

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and respectfully moves this Honorable Court to grant furlough or temporary release from custody pursuant to C.R.S. § 18-1.3-103.7 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):

☐ Unaccompanied Furlough — Pregnant Defendant (C.R.S. § 18-1.3-103.7) — The Defendant is pregnant and requests furlough with a presumption against detention.

☐ Unaccompanied Furlough — Postpartum Defendant (C.R.S. § 18-1.3-103.7) — The Defendant is postpartum and requests furlough.

☐ Juvenile Furlough (C.R.S. § 19-2.5-306) — The Defendant is a juvenile and requests furlough.

☐ Medical Emergency — The Defendant requires medical treatment not available within the facility.

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

☐ Employment — The Defendant seeks temporary release for employment purposes.

☐ Education / Training — The Defendant is participating in educational programming.

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

☐ Reentry Preparation — The Defendant is nearing release and seeks furlough for reentry planning.

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

☐ Other — [________________________________]

Factual Basis

[________________________________]
[________________________________]
[________________________________]

III. STATUTORY AUTHORITY

A. C.R.S. § 18-1.3-103.7 — Unaccompanied Furlough

Enacted by HB23-1187 (2023), this statute:

• Creates "unaccompanied furlough" for pregnant or postpartum defendants and juveniles
• Establishes a presumption against detention for eligible defendants
• Requires proof of pregnant/postpartum status by a preponderance of evidence
• Excludes defendants ineligible for bail under C.R.S. §§ 16-4-101 or 16-4-201.5
• Directs courts to impose the least restrictive conditions necessary for public safety

B. C.R.S. § 13-25-136 — Evidence of Pregnancy/Postpartum Status

Provides evidentiary standards for establishing pregnancy or postpartum status in connection with furlough proceedings.

C. C.R.S. § 19-2.5-306 — Juvenile Furlough

Extends analogous furlough provisions to juveniles in detention.

D. CDOC AR 300-17 — Escorted Leave

Governs escorted absences from CDOC facilities for:

• Final visits with terminally ill loved ones
• Private viewings of deceased family members
• Costs borne by the offender or family
• Requires Facility Administrative Head and Office of the Director of Prisons approval

IV. PROPOSED CONDITIONS OF FURLOUGH

Additional Conditions

☐ The Defendant agrees to comply with pretrial services supervision.

☐ The Defendant agrees to comply with probation conditions as applicable.

☐ The Defendant agrees to the least restrictive conditions necessary for public safety.

☐ The Defendant agrees to return to the facility by [__/__/____] at [____] hours.

☐ The Defendant/family agrees to bear all costs associated with escorted leave (if CDOC).

☐ Other conditions: [________________________________]

V. RISK ASSESSMENT

A. Flight Risk Assessment

The Defendant presents a [____] (low/moderate) flight risk based on:

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

B. Public Safety Assessment

• Nature of underlying conviction: [________________________________]
• Eligible for bail (not excluded by §§ 16-4-101 or 16-4-201.5): ☐ True ☐ False
• Rehabilitation progress: [________________________________]

C. Institutional Behavior Record

• Current custody classification: [________________________________]
• Disciplinary record: [________________________________]
• Program participation: [________________________________]
• Work assignments: [________________________________]

VI. SUPPORTING DOCUMENTATION

☐ Exhibit A — Medical records/physician statement confirming pregnancy or postpartum status

☐ Exhibit B — Medical records for medical emergency

☐ Exhibit C — Death certificate or terminal illness verification (family member)

☐ Exhibit D — Employment verification letter

☐ Exhibit E — Educational enrollment documentation

☐ Exhibit F — CDOC disciplinary/behavior record

☐ Exhibit G — Residence verification

☐ Exhibit H — Pretrial services recommendation

☐ Exhibit I — Victim notification confirmation (if applicable)

☐ Exhibit J — [________________________________]

VII. CONCLUSION

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

1. Grant this Motion for Furlough / Temporary Release;
2. Find that the Defendant has established [pregnancy/postpartum/juvenile] status by a preponderance of evidence (if applicable);
3. Enter the attached Proposed Order with the least restrictive conditions necessary;
4. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

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

Date: [__/__/____]

PROPOSED ORDER GRANTING FURLOUGH

DISTRICT COURT, [________________________________] JUDICIAL DISTRICT, COLORADO

COUNTY OF [________________________________]

Case No.: [________________________________]

Upon consideration of the Defendant's Motion for Furlough and the Court finding good cause shown pursuant to C.R.S. § 18-1.3-103.7, it is hereby:

ORDERED that the Defendant, [________________________________], DOC No. [________________________________], is granted furlough from [__/__/____] to [__/__/____], subject to the following conditions:

1. The Defendant shall comply with supervision by [________________________________].
2. The Defendant shall reside at [________________________________].
3. The Defendant shall not leave [________________________________] without prior authorization.
4. The conditions imposed are the least restrictive necessary for public safety.
5. The Defendant shall comply with electronic monitoring if required.
6. The Defendant shall return to [________________________________] no later than [__/__/____] at [____] hours.
7. Failure to comply shall result in immediate revocation.
8. Additional conditions: [________________________________]

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

________________________________________
DISTRICT 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:

☐ Office of the District Attorney, [________________________________] Judicial District
Address: [________________________________]

☐ Colorado Department of Corrections
Address: [________________________________]

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

☐ Pretrial Services (if applicable)
Address: [________________________________]

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

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

________________________________________
Attorney for Defendant

COLORADO-SPECIFIC PRACTICE NOTES

HB23-1187 (2023): This law created "unaccompanied furlough" for pregnant or postpartum defendants and juveniles with a presumption against detention. The defendant must prove status by preponderance of evidence. Defendants ineligible for bail under C.R.S. §§ 16-4-101 or 16-4-201.5 are excluded.

Granting Authority:

• Courts: For unaccompanied furlough for pregnant/postpartum defendants and juveniles
• CDOC Facility Administrative Head and Office of the Director of Prisons: For escorted leave under AR 300-17

CDOC Escorted Leave (AR 300-17): Available for final visits with terminally ill loved ones and private viewings. The offender or family is responsible for all associated costs.

Least Restrictive Conditions: C.R.S. § 18-1.3-103.7 directs courts to impose the least restrictive conditions necessary for public safety. Conditions may include pretrial services supervision and compliance with probation conditions.

Limited Furlough Framework: Colorado's furlough framework is narrower than many states. Traditional furlough categories (employment, education, rehabilitation, reentry) are primarily addressed through other sentencing alternatives and CDOC programming rather than a comprehensive furlough statute.

Good Time Credits: The interaction between furlough and good time credit accrual is not specifically addressed in the furlough statutes.

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 CDOC policies before filing.