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 respectfully moves this Honorable Court to grant furlough or recommend temporary release from custody pursuant to 11 Del. C. §§ 6538-6541, 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 — The Defendant requires medical treatment not available within the facility.

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

☐ Serious Illness of Immediate Family Member — A member of the Defendant's immediate family is seriously ill.

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

☐ Community Service Project — The Defendant seeks furlough for community service under 11 Del. C. § 6541.

☐ Education / Training — The Defendant seeks to participate in an educational or vocational program.

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

☐ Reentry Preparation — The Defendant seeks furlough to prepare for community reintegration.

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

☐ 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 must determine the inmate is trustworthy and poses no community threat
• Inmate names and crimes must be published in county newspapers prior to furlough placement (except funeral furloughs)

B. 11 Del. C. § 6539 — Death or Serious Illness Furlough

Provides specific authority for furloughs related to death or serious illness of immediate family:

• 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
• Commissioner may petition Superior Court for exemptions in extraordinary circumstances

C. 11 Del. C. § 6541 — 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

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: [________________________________]
• Trustworthy determination by DOC: ☐ Yes ☐ 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. Grant this Motion for Furlough / Temporary Release;
2. Enter the attached Proposed Order;
3. Direct the Delaware Department of Correction to facilitate the furlough; and
4. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

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

Date: [__/__/____]

PROPOSED ORDER GRANTING FURLOUGH

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

Case ID No.: [________________________________]

Upon consideration of the Defendant's Motion for Furlough and the Court finding good cause shown pursuant to 11 Del. C. §§ 6538-6541, it is hereby:

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

1. The Defendant shall comply with all DOC supervision requirements.
2. The Defendant shall remain at [________________________________] during the furlough period.
3. The Defendant shall not leave [________________________________] County without prior authorization.
4. The Defendant shall comply with escort and restraint requirements as directed by the Warden.
5. The Defendant shall return to [________________________________] no later than [__/__/____] at [____] hours.
6. Failure to comply shall result in immediate revocation.
7. Additional conditions: [________________________________]

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: Department of Correction (under IRCB-approved rules), Institutional Release Classification Board (IRCB), Warden (for emergency cases), and Commissioner of Correction (for extraordinary circumstances via Superior Court petition).

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 (§ 6539): Limited to mother, father, son, daughter, brother, sister, husband, or wife for death/illness furloughs.

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 (§ 6541): Maximum 14 days. The requesting organization bears transportation and custodial costs. Time may count toward restitution or community service obligations.

Emergency Authority: The Warden has specific authority to set conditions (including handcuffing) in emergencies. The Commissioner may permit escorted visits for death or serious illness or petition Superior Court for exemptions in extraordinary circumstances.

Good Time Credits: General good time accrual is governed by DOC Policy 7.2 (last revised December 1, 2022). Participation in approved programs can earn meritorious good time (up to 10 days per month). Furloughs do not automatically change accrual rates.

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.