Motion for Furlough - Colorado

MOTION FOR FURLOUGH / STAY OF EXECUTION

Before you use this: This filing requests the pregnancy or postpartum stay of execution authorized by C.R.S. § 18-1.3-103.7. The statute does not create a general court ordered furlough for work, family visits, education, reentry, or juveniles. Use this motion only if the defendant is pregnant or within the statute's one year postpartum period and the requested stay fits the statute.

Court caption

District Court, [JUDICIAL DISTRICT], [COUNTY] County, Colorado
Case No.: [CASE NUMBER]
Division: [DIVISION]

Motion for stay of execution under C.R.S. § 18-1.3-103.7

Defendant [FULL NAME], through [COUNSEL / SELF-REPRESENTED], requests a stay of execution of the incarceration portion of the sentence under C.R.S. § 18-1.3-103.7(7), from [START DATE] until [END DATE]. Defendant asks the Court to set the hearing required by subsection (7)(b) and, if it grants relief, specify the date, time, and place for Defendant to appear to serve the sentence.

1. Proceeding and custody. The sentence was imposed on [DATE] for [OFFENSE AND CASE COUNT]. Defendant is currently detained or incarcerated at [FACILITY] and is expected to remain in custody during [PREGNANCY / POSTPARTUM PERIOD]. The requested stay would begin on [DATE].

2. Qualifying status. Defendant is ☐ pregnant, with an estimated due date of [DATE], or ☐ within one year after the end of a pregnancy on [DATE]. Attached [EXHIBIT] is ☐ a positive pregnancy test, ☐ a medical record confirming pregnancy or its end, or ☐ a newborn's birth certificate. Defendant offers this evidence solely to establish qualifying status and requests the confidentiality protection and limited privilege waiver described in § 18-1.3-103.7(5)(a), (c).

3. Notice. Defendant gave the district attorney notice of qualifying status and the supporting evidence on [DATE] by [METHOD]. Defendant will provide any additional notice the Court directs. The district attorney's position is [POSITION / NOT YET KNOWN].

4. Grounds for a stay. The relevant circumstances are: [SPECIFIC HEALTH, CARE, HOUSING, SUPPORT, TREATMENT, AND PUBLIC SAFETY FACTS]. The requested period runs through [DATE], which is within the pregnancy or one year postpartum period. Proposed housing and contact information during the stay: [ADDRESS AND CONTACT].

5. Eligibility and competing factors. Defendant's bail eligibility under C.R.S. §§ 16-4-101 and 16-4-201.5 is [FACTS]. Defendant's conviction ☐ is ☐ is not a crime of violence as defined in § 18-1.3-406(2). Defendant asks the Court to apply the rebuttable presumption in § 18-1.3-103.7(3)(a), subject to the limitations in subsections (6) and (7)(g), and to consider [FACTS RELEVANT TO PUBLIC SAFETY AND OTHER APPLICABLE STANDARDS].

6. Victim rights. Victim Rights Act notice or participation applies as follows: [FACTS / NOT KNOWN]. Defendant requests that the Court and district attorney address any applicable victim rights before ruling, as § 18-1.3-103.7(7)(d) requires.

7. Hearing. Defendant requests a hearing as soon as practicable and within the statutory fourteen day period after this request, unless Defendant requests a later date of [DATE] or circumstances require an immediate hearing. Defendant understands that qualifying status must be proved by a preponderance of the evidence at the hearing.

Requested order. Defendant asks the Court to grant the stay through [END DATE], keep the existing bond and its conditions in effect as § 18-1.3-103.7(7)(f) requires, identify any further conditions the Court finds lawful, and set Defendant's appearance to begin or resume service of the sentence at [PLACE] on [DATE] at [TIME].

Respectfully submitted on [DATE].

Signature: [SIGNATURE]
Name: [PRINTED NAME]
Colorado attorney registration number, if applicable: [NUMBER]
Address: [ADDRESS]
Email / phone: [CONTACT]

Proposed order

District Court, [JUDICIAL DISTRICT], [COUNTY] County, Colorado
Case No.: [CASE NUMBER]

The Court held a hearing on [DATE] on Defendant's request under C.R.S. § 18-1.3-103.7(7). Having considered the evidence, statutory presumption, limitations, public safety, applicable legal standards, and victim rights, the Court:

☐ Grants a stay of execution of the incarceration portion of the sentence from [START DATE] through [END DATE]. Defendant shall appear at [PLACE] on [DATE] at [TIME] to serve the sentence. The existing bond and its conditions remain in effect until that date. Additional lawful conditions: [TERMS].

☐ Denies the request for these stated reasons: [FINDINGS].

Judge: [SIGNATURE]
Date: [DATE]

Certificate of service

I certify that on [DATE] I served this motion and its exhibits on the Office of the District Attorney for [JUDICIAL DISTRICT] by [METHOD AND ADDRESS]. I also served [OTHER RECIPIENTS, IF REQUIRED] by [METHOD].

Signature: [SIGNATURE]
Printed name: [NAME]

Sources and references

• 2026 Colorado Revised Statutes, Title 18, § 18-1.3-103.7