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. Florida-Specific Practice Notes

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

IN AND FOR [________________________________] COUNTY, FLORIDA

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 Florida Statutes § 945.091 and Florida Administrative Code Rules 33-601.601 and 33-601.603, and in support thereof states as follows:

I. DEFENDANT/INMATE INFORMATION

II. GROUNDS FOR FURLOUGH

Type A — Emergency/Urgent (check if applicable):

☐ Dying Relative — A member of the Defendant's immediate family is terminally ill.

☐ Funeral Attendance — A member of the Defendant's immediate family has died.

☐ Medical/Mental Health Treatment — The Defendant requires treatment not available within the facility.

☐ Civil Hearing — The Defendant must attend a civil court proceeding.

☐ Pregnancy — The Defendant is in the last trimester and within 36 months of release (15 months for certain murder convictions).

Type B — Rehabilitative (check if applicable):

☐ Family Visitation — The Defendant seeks family visitation furlough.

☐ Medical/Dental — The Defendant requires routine medical or dental care.

☐ Employment Interview — The Defendant seeks furlough for a job interview.

☐ Volunteer Project — The Defendant seeks to participate in a community volunteer project.

☐ Counseling — The Defendant seeks to attend counseling sessions.

☐ Church/Religious Services — The Defendant seeks to attend religious services.

☐ Substance Abuse Meetings — The Defendant seeks to attend community substance abuse meetings.

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

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

☐ Other — [________________________________]

Factual Basis

[________________________________]
[________________________________]
[________________________________]

III. STATUTORY AUTHORITY

A. Fla. Stat. § 945.091 — Extension of Limits of Confinement

Authorizes the Secretary of the Department of Corrections to extend the limits of confinement for inmates classified at community or minimum custody. Inmates convicted of sexual battery (s. 794.011) are ineligible.

B. Fla. Admin. Code R. 33-601.601 — Eligibility

Establishes eligibility criteria including custody classification (community or minimum) and offense-based restrictions.

C. Fla. Admin. Code R. 33-601.603 — Furlough Types

D. Fla. Stat. § 794.011 Exclusion

Inmates convicted of sexual battery under Fla. Stat. § 794.011 are expressly ineligible for extension of limits of confinement.

IV. PROPOSED CONDITIONS OF FURLOUGH

Additional Conditions

☐ The Defendant agrees to remain with the approved sponsor at all times.

☐ The Defendant agrees not to operate a motor vehicle.

☐ The Defendant agrees to submit to periodic drug testing.

☐ The Defendant agrees to sign-out/sign-in procedures.

☐ The Defendant agrees to phone contact verification.

☐ The Defendant agrees to wear specific clothing as required.

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

☐ Other conditions: [________________________________]

V. RISK ASSESSMENT

A. Flight Risk Assessment

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

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

B. Public Safety Assessment

• Nature of underlying conviction: [________________________________]
• Not convicted of sexual battery (§ 794.011): ☐ True ☐ False
• Satisfactory institutional adjustment: ☐ True ☐ False

C. Institutional Behavior Record

• Current custody classification: [________________________________] (Community / Minimum)
• Disciplinary record: [________________________________]
• Satisfactory adjustment documented: ☐ Yes ☐ No
• Program participation: [________________________________]
• Work assignments: [________________________________]

VI. SUPPORTING DOCUMENTATION

☐ Exhibit A — Medical records/physician statement (terminal illness or medical necessity)

☐ Exhibit B — Death certificate

☐ Exhibit C — Pregnancy medical documentation

☐ Exhibit D — Employment interview documentation

☐ Exhibit E — Civil hearing court notice

☐ Exhibit F — DOC disciplinary/behavior record

☐ Exhibit G — Sponsor verification (18+, not under felony supervision)

☐ Exhibit H — Inmate classification summary

☐ Exhibit I — Sentence calculation (5 years / one-third served for Type B family)

☐ Exhibit J — Victim notification confirmation (if applicable)

☐ 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 Florida Department of Corrections to facilitate the furlough; and
4. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

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

Date: [__/__/____]

PROPOSED ORDER GRANTING FURLOUGH

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT, [________________________________] COUNTY, FLORIDA

Case No.: [________________________________]

Upon consideration of the Defendant's Motion for Furlough and the Court finding good cause shown pursuant to Fla. Stat. § 945.091, it is hereby:

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

1. The Defendant shall remain with approved sponsor [________________________________] at all times.
2. The Defendant shall reside at [________________________________].
3. The Defendant shall not leave [________________________________] County.
4. The Defendant shall not operate a motor vehicle.
5. The Defendant shall submit to drug testing as directed.
6. The Defendant shall comply with sign-out/sign-in and phone verification procedures.
7. The Defendant shall return to [________________________________] no later than [__/__/____] at [____] hours.
8. Failure to comply shall result in immediate revocation.
9. Additional conditions: [________________________________]

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

________________________________________
CIRCUIT 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 State Attorney, [________________________________] Judicial Circuit
Address: [________________________________]

☐ Florida Department of Corrections
Address: [________________________________]

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

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

☐ By U.S. Mail, postage prepaid
☐ By hand delivery
☐ By electronic filing/service (Florida Courts E-Filing Portal)

________________________________________
Attorney for Defendant

FLORIDA-SPECIFIC PRACTICE NOTES

Granting Authority: The Secretary of the Department of Corrections or designee (typically the warden of a major institution or a designated exempt service employee for community centers).

Furlough Types:

• Type A (Emergency/Urgent): Dying relative, funeral, medical/mental health treatment, civil hearings, pregnancy
• Type B (Rehabilitative): Family visitation (8 daylight hours, max 1x/week), medical/dental (3 hours), employment interviews, volunteer projects, counseling, church services, substance abuse meetings (all 3 hours)

Key Eligibility:

• Community or minimum custody classification required
• Type B family visitation: 5 calendar years or one-third of sentence (whichever is less) plus satisfactory adjustment
• Pregnancy furlough: Last trimester and within 36 months of release (15 months for certain murder convictions); ends one week after six-week postpartum exam

Sexual Battery Exclusion: Inmates convicted under Fla. Stat. § 794.011 are ineligible for any extension of limits of confinement.

Sponsor Requirements: Sponsor must be 18+ and not under felony supervision. Sponsor suitability checks required.

No Motor Vehicle Operation: Furloughed inmates may not operate motor vehicles.

Detainer Objections: No detainer objections may be pending.

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 Florida Administrative Code before filing.