Motion for Furlough - Florida

MOTION FOR FURLOUGH

Florida Administrative Furlough Request Packet

IMPORTANT ROUTE WARNING

Fla. Stat. § 945.091 and Fla. Admin. Code R. 33-601.603 do not authorize a sentencing court to grant a furlough or direct the Department of Corrections to release an inmate. They place the approval decision with the Secretary of the Department of Corrections or the Secretary's designated approving authority.

Use this live template URL as an administrative request packet, despite the legacy template name. Do not file a court motion or proposed order under these authorities. If counsel identifies separate current authority for court relief in the particular case, draft that filing separately and cite the separate authority.

Select only one route:

• Part A — Rule 33-601.603 furlough: an administrative request for a qualifying Type A or Type B furlough.
• Part B — Rule 33-601.601 temporary transfer of custody: a funeral or deathbed-visit route for an inmate who is ineligible for furlough or whose furlough was denied. This route requires action by a sheriff or chief of tribal police.

PART A — ADMINISTRATIVE FURLOUGH REQUEST

TO: [WARDEN / CORRECTIONAL OFFICER MAJOR / OTHER CURRENT APPROVING AUTHORITY]

THROUGH: [CLASSIFICATION SPECIALIST / ASSIGNED CENTER OFFICER / OTHER]

RE: [INMATE NAME], DC No. [________________________________]

A.1 Inmate and Facility Information

A.2 Threshold Screening

Rule 33-601.603 provides consideration for community- and minimum-custody inmates who satisfy the rule's objectives, security, legitimacy, detainer, and trust criteria. Participation is a privilege, not a right, and the Department may remove an inmate when continued participation is inconsistent with safety or security.

• ☐ The inmate is classified community or minimum custody.
• ☐ The requested purpose is one recognized by Rule 33-601.603.
• ☐ If an outside detainer exists, the detaining authority's written non-objection is attached.
• ☐ The request is consistent with community and Department safety and security.
• ☐ The inmate agrees to all written time, distance, testing, transportation, and special conditions imposed by the approving authority.
• ☐ The inmate has not been convicted of sexual battery under Fla. Stat. § 794.011. Section 945.091(3) makes such a person ineligible for any extension of the limits of confinement under that section.

A.3 Select the Requested Furlough

Type A

☐ Visit a dying relative.

☐ Attend the funeral of a relative.

☐ Medical or mental-health treatment.

☐ Attendance at a civil hearing.

☐ Another reason consistent with the public interest or the inmate's rehabilitation: [________________________________]

☐ Pregnancy furlough. Confirm the last-trimester, release-date, medical-care, supervision-plan, and approval requirements in Rule 33-601.603(7)(a).

☐ Medical furlough. Confirm the prognosis or permanent-incapacity criterion and every medical, classification, security, supervision, and approval requirement in Rule 33-601.603(7)(b)-(g).

Type B

☐ Family visitation.

☐ Routine medical, mental-health, or dental appointment.

☐ Community volunteer project.

☐ Employment interview.

☐ Counseling, church service, substance-abuse treatment meeting, or haircut appointment.

☐ Facility sign-out activity for seeking suitable housing. Confirm the separate process described in Rule 33-601.603(9)(g), which may not require a Type B family-visitation approval.

☐ Other current Rule 33-601.603 purpose: [________________________________]

For family visitation, Rule 33-601.603(9) requires satisfactory facility adjustment and program participation plus either five calendar years served or one-third of the sentence to be served, whichever is less. A family-visitation furlough is limited to one per Monday-through-Sunday week and no more than eight daylight hours. Other Type B furloughs generally may not exceed three hours, subject to the emergency-extension provision in the rule. Confirm whether the facility uses a sign-out process for the requested non-family activity.

A.4 Requested Details

A.5 Sponsor Screening

Rule 33-601.603 requires a sponsor to be at least 18 and to provide identification. The Department reviews the relationship, security concerns, arrest record, and other safety factors. A sponsor may not be approved if the sponsor is under active felony supervision or falls within another disqualifying condition in Rule 33-601.603(5)(c).

• ☐ Sponsor is at least 18 and identification is attached or available.
• ☐ Sponsor is not under active felony supervision.
• ☐ Required background inquiry and institutional review have been requested.
• ☐ Sponsor agrees to remain with the inmate when the selected route requires accompaniment.
• ☐ Sponsor agrees to provide transportation unless the facility authorizes another method.
• ☐ Sponsor understands that the inmate may not operate a motor vehicle.
• ☐ Sponsor agreement required by the current rule or facility is attached.

A.6 Supporting Facts

[________________________________]

[________________________________]

[________________________________]

Explain the legitimacy of the purpose, the requested duration, the inmate's institutional adjustment and program participation, the safety plan, transportation, destination verification, and why the inmate is likely to honor the conditions of release.

A.7 Attachments

• ☐ Medical verification of dying-relative, pregnancy, or treatment facts.
• ☐ Funeral-home confirmation.
• ☐ Civil-hearing notice.
• ☐ Employment-interview, volunteer-project, counseling, treatment, religious-service, or housing documentation.
• ☐ Written non-objection from a detaining authority.
• ☐ Sponsor identification and requested sponsor materials.
• ☐ Institutional adjustment and program-participation records.
• ☐ Proposed supervision or contact plan.
• ☐ Current Department form required for the selected route.
• ☐ Other: [________________________________]

A.8 Request and Acknowledgment

The undersigned requests consideration under Fla. Stat. § 945.091 and Fla. Admin. Code R. 33-601.603. This submission asks the responsible Department official to determine eligibility, suitability, duration, and conditions. It does not ask a court to order release.

The inmate acknowledges that:

• participation is voluntary and remains subject to Department custody;
• the approving authority may impose written limits and special conditions;
• unauthorized failure to remain within the extended limits or return on time is treated as escape under § 945.091(4);
• substance-abuse testing may be required; and
• approval may be withdrawn under the current rule.

Inmate signature: _______________________________________________

Date: [__/__/____]

Counsel or preparer: [________________________________]

Role and contact information: [________________________________]

Signature: _______________________________________________

Date: [__/__/____]

PART B — FUNERAL OR DEATHBED TEMPORARY-CUSTODY ROUTE

Use this Part only when the inmate is ineligible for furlough or a furlough was denied and the family seeks a funeral or deathbed visit under Rule 33-601.601.

The family must contact the sheriff or chief of tribal police for the county or jurisdiction where the funeral or deathbed visit will occur. The Department does not begin the temporary-custody review unless that official completes the contacts and written confirmations required by the rule. Transportation and attendance are at the expense of the inmate or family.

B.1 Event and Relative

☐ Funeral attendance.

☐ Deathbed visit.

Relative's name and relationship: [________________________________]

Funeral home or treating physician: [________________________________]

Event or visit location: [________________________________]

Requested date, length, and time: [________________________________]

B.2 Sheriff or Tribal-Police Checklist

• ☐ The sheriff or chief of tribal police contacted the warden to arrange the requested transfer of custody.
• ☐ Written funeral-home confirmation or qualified-physician validation of imminent death was provided.
• ☐ The date, length, and place were provided in writing.
• ☐ Any authorized designee was identified in writing.
• ☐ Any required cross-jurisdiction transport agreement was provided.
• ☐ The requesting authority understands the Department's custody and transportation requirements.

Rule 33-601.601 excludes an inmate under sentence of death, housed in a Correctional Mental Health Institution under a commitment order, or in close management. Other listed conditions require the written recommendation and higher approval described in subsection (6). The regional director makes the suitability determination; the warden or shift supervisor may refuse release if a required condition is not met.

Requesting law-enforcement authority: [________________________________]

Contact person and title: [________________________________]

Telephone and email: [________________________________]

Department contact: [________________________________]

FINAL REVIEW CHECKLIST

• ☐ Confirm the inmate's actual facility, classification, sentence, release date, detainers, and current disciplinary status.
• ☐ Confirm the official currently designated to approve the selected route.
• ☐ Use the Department forms incorporated in the current rule and any current institution procedure.
• ☐ Remove the unused Part before submission.
• ☐ Do not attach a proposed court order under § 945.091 or Rules 33-601.601 and 33-601.603.
• ☐ Have Florida counsel and the institution review the completed packet.

Sources and References

• Fla. Stat. § 945.091 — Extension of the limits of confinement
• Fla. Admin. Code R. 33-601.603 — Furloughs
• Fla. Admin. Code R. 33-601.601 — Temporary Release of Inmates for Specific Purposes