Motion for Furlough - Delaware

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. Delaware-Specific Practice Notes

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [________________________________] COUNTY

MOTION FOR FURLOUGH / TEMPORARY RELEASE

COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and requests only such nonbinding recommendation, referral, or other relief as the Court may lawfully provide concerning Department of Correction consideration under 11 Del. C. §§ 6537-6538. Ordinary furlough authority rests with the Department, the Institutional Release Classification Board, and the warden—not with the sentencing court. A direct Superior Court exemption under § 6537(b) must be sought by the Commissioner of Correction after notice to the Attorney General.

I. DEFENDANT/INMATE INFORMATION

II. GROUNDS FOR FURLOUGH

The Defendant respectfully requests furlough on the following grounds (check all that apply):

☐ Medical Need — Identify the separate DOC medical-transport or treatment authority relied on: [________________________________].

☐ Death of Immediate Family Member — A member of the Defendant's immediate family has died.

☐ Serious Illness / Similar Emergency — Relief is requested through the Commissioner route described in 11 Del. C. § 6537(b), if applicable.

☐ Employment / Job Interview — The Defendant seeks furlough for employment or interview purposes.

☐ Community Service Project — The Defendant seeks participation under 11 Del. C. § 6538(d).

☐ Education / Training — Identify the IRCB-approved release/treatment program or other current authority: [________________________________].

☐ Program/Performance Furlough — The Defendant seeks furlough as part of an IRCB-approved treatment or release program.

☐ Reentry Preparation — Identify the IRCB-approved release/treatment program or other current authority: [________________________________].

☐ Family Responsibility — Identify the IRCB-approved program or other current authority: [________________________________].

☐ Other — [________________________________]

Factual Basis

[________________________________]
[________________________________]
[________________________________]

III. STATUTORY AUTHORITY

A. 11 Del. C. § 6538 — Furlough Programs

Authorizes the Department of Correction to establish furlough programs as part of IRCB-approved release or treatment programs. Key provisions:

• Furloughs must be part of an IRCB-approved program
• Inmates serving a Class A felony are expressly ineligible
• The Department applies furlough rules approved by the IRCB; § 6538 does not state a separate trustworthiness or community-threat test
• Inmate names and crimes must be published in county newspapers prior to furlough placement (except funeral furloughs)

B. 11 Del. C. § 6538(b) — Death Furlough

Provides specific authority for a furlough related to the death of an immediate family member:

• Limited to immediate family (mother, father, son, daughter, brother, sister, husband, wife)
• Death furlough limited to private viewings or wakes
• Warden has authority to set conditions (including handcuffing) in emergencies
• Serious-illness and similar-emergency escorted visits for persons subject to secured-institution limits arise under § 6537(b), not § 6539

C. 11 Del. C. § 6538(d) — Community Service Project Furlough

Authorizes furlough for community service projects:

• Maximum duration: 14 days
• Requesting organization bears transportation and custodial costs
• May count toward restitution or community service components of sentence

D. 11 Del. C. § 6541 — Publication

Before supervised custody, work release, or furlough placement, the Department must release the inmate's name and crimes for publication in a newspaper in each Delaware county. The statute excludes a furlough or special visit to attend an immediate-family funeral under § 6538(b).

IV. PROPOSED CONDITIONS OF FURLOUGH

Additional Conditions

☐ The Defendant agrees to comply with handcuffing or restraint requirements as set by the Warden.

☐ The Defendant agrees to escorted travel by custodial officers if required.

☐ The Defendant agrees that the requesting organization/individual shall bear transportation and custodial costs (community service furlough).

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

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

☐ Other conditions: [________________________________]

V. RISK ASSESSMENT

A. Flight Risk Assessment

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

• Community ties in Delaware: [________________________________]
• Family connections: [________________________________]
• Remaining sentence: [________________________________]
• DOC program eligibility review: ☐ Complete ☐ Pending
• No history of escape: ☐ True ☐ False

B. Public Safety Assessment

• Nature of underlying conviction: [________________________________]
• Not convicted of a Class A felony: ☐ True ☐ False
• Does not pose a threat to community safety: [________________________________]

C. Institutional Behavior Record

• Current custody classification: [________________________________]
• Disciplinary record: [________________________________]
• Program participation: [________________________________]
• Work assignments: [________________________________]
• IRCB recommendation: ☐ Favorable ☐ Pending ☐ N/A

VI. SUPPORTING DOCUMENTATION

☐ Exhibit A — Medical records/physician statement

☐ Exhibit B — Death certificate or serious illness verification

☐ Exhibit C — Employment verification / employer letter

☐ Exhibit D — Community service project documentation

☐ Exhibit E — Educational enrollment documentation

☐ Exhibit F — DOC disciplinary/behavior record

☐ Exhibit G — IRCB recommendation or program approval

☐ Exhibit H — Residence/destination verification

☐ Exhibit I — Victim notification confirmation (if applicable)

☐ Exhibit J — County newspaper publication confirmation (if required)

☐ Exhibit K — [________________________________]

VII. CONCLUSION

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

1. Consider the attached information concerning the Defendant's request for Department of Correction furlough review;
2. If appropriate, provide a nonbinding recommendation or permit a referral to the Department without directing release; and
3. Grant any other relief within the Court's lawful authority.

Respectfully submitted,

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

Date: [__/__/____]

PROPOSED ORDER ON REQUEST FOR RECOMMENDATION OR REFERRAL

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE, [________________________________] COUNTY

Case ID No.: [________________________________]

Upon consideration of the Defendant's request concerning possible Department of Correction furlough review, it is hereby:

☐ ORDERED that the request is DENIED to the extent it asks the Court to grant an ordinary furlough, because §§ 6537-6538 assign that authority to correctional officials.

☐ ORDERED that, without directing release or displacing DOC/IRCB/warden authority, the Court provides the following nonbinding recommendation or permits the following referral: [________________________________].

Any furlough decision and its conditions remain with the officials authorized by 11 Del. C. §§ 6537-6538.

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

________________________________________
JUDGE, 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 Attorney General, State of Delaware / Department of Justice
Address: [________________________________]

☐ Delaware Department of Correction
Address: [________________________________]

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

☐ Institutional Release Classification Board (IRCB)
Address: [________________________________]

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

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

________________________________________
Attorney for Defendant

DELAWARE-SPECIFIC PRACTICE NOTES

Granting Authority: Ordinary furlough authority rests with the Department of Correction under IRCB-approved rules, with conditions set by the IRCB or warden in the circumstances described by § 6538. Under § 6537(b), only the Commissioner may petition Superior Court for an extraordinary exemption from that section's secured-institution limits.

Class A Felony Exclusion: Inmates serving a sentence for a Class A felony are expressly ineligible for furlough under 11 Del. C. § 6538.

Immediate Family Definition (§ 6538(b)): Limited to mother, father, son, daughter, brother, sister, husband, or wife for a death furlough.

Newspaper Publication Requirement: Inmate names and crimes must typically be published in county newspapers prior to furlough placement, except for funeral furloughs.

Community Service Furlough (§ 6538(d)): Maximum 14 days. The requesting organization bears transportation and custodial costs. Time may count toward restitution or community service obligations.

Emergency Authority: Section 6538(b) authorizes the IRCB or warden, in emergency cases, to set death-furlough conditions, including whether and when handcuffing is used. Section 6537(b) separately authorizes the Commissioner to permit specified escorted emergency visits or to petition Superior Court in extraordinary circumstances.

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 DOC policies before filing.