TABLE OF CONTENTS
- Caption
- Motion for Furlough / Temporary Release
- Defendant/Inmate Information
- Grounds for Furlough
- Statutory Authority
- Proposed Conditions of Furlough
- Risk Assessment
- Supporting Documentation
- Proposed Order
- Certificate of Service
- Georgia-Specific Practice Notes
IN THE SUPERIOR COURT OF [________________________________] COUNTY
STATE OF GEORGIA
| STATE OF GEORGIA | |
| v. | Case No.: [________________________________] |
| [________________________________], | Indictment No.: [________________________________] |
| Defendant. |
MOTION FOR FURLOUGH / TEMPORARY RELEASE
COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and respectfully moves this Honorable Court to grant furlough or temporary release from custody pursuant to O.C.G.A. §§ 42-1-4, 42-1-9, and 42-1-11, and in support thereof states as follows:
I. DEFENDANT/INMATE INFORMATION
| Field | Details |
|---|---|
| Full Legal Name | [________________________________] |
| GDC Number | [________________________________] |
| Date of Birth | [__/__/____] |
| Current Facility | [________________________________] |
| Custody Status | [________________________________] |
| Sentencing Date | [__/__/____] |
| Sentencing Judge | [________________________________] |
| Offense(s) of Conviction | [________________________________] |
| Sentence Imposed | [________________________________] |
| Projected Release Date | [__/__/____] |
| Parole Eligibility Date | [__/__/____] |
| Time Served | [________________________________] |
II. GROUNDS FOR FURLOUGH
The Defendant respectfully requests furlough on the following grounds (check all that apply):
☐ Medical Emergency — The Defendant or an immediate family member faces a critical medical condition.
☐ Family Emergency / Death — A member of the Defendant's immediate family is critically ill or has died.
☐ Employment / Work Release — The Defendant seeks work release privileges.
☐ Extended Furlough — The Defendant seeks extended furlough under O.C.G.A. § 42-1-11.
☐ Education / Training — The Defendant seeks to participate in educational or vocational programming.
☐ Rehabilitation Program — The Defendant seeks to participate in a community-based 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. O.C.G.A. § 42-1-4 — Furlough Authority
Provides general authority for furlough programs in the State of Georgia, subject to approval by appropriate authorities.
B. O.C.G.A. § 42-1-9 — Work Release Programs
Authorizes work release programs for eligible offenders. Offenders must not have a criminal record or history within the preceding five years of:
- Aggravated assault
- Rape
- Child molestation
- Robbery
- Drug trafficking
- Escape
Offenders must be free of life-threatening illnesses or disabilities that prevent regular work.
C. O.C.G.A. § 42-1-11 — Extended Furlough
Authorizes extended furlough programs subject to sentencing court or sheriff approval and compliance with Commissioner of Corrections requirements.
D. GAC Rule 125-3-6 — Work Release Regulations
Establishes work release procedures including weekly pass limits (not to exceed 12 hours), earnings deductions for confinement costs, and misconduct removal provisions.
IV. PROPOSED CONDITIONS OF FURLOUGH
| Condition | Proposed Terms |
|---|---|
| Furlough Type | ☐ Work Release ☐ Extended Furlough ☐ Emergency ☐ Other |
| Duration | [________________________________] |
| Dates Requested | From [__/__/____] to [__/__/____] |
| Destination | [________________________________] |
| Employer (if work release) | [________________________________] |
| Employer Address | [________________________________] |
| Supervision | ☐ GDC supervision ☐ Sheriff's department ☐ Electronic monitoring ☐ Other: [________________________________] |
| Travel Restrictions | ☐ Remain within [________________________________] County ☐ Remain within Georgia ☐ Other: [________________________________] |
Additional Conditions
☐ The Defendant agrees to remain in the absolute custody of officials at all times.
☐ The Defendant agrees to abide by all institutional rules.
☐ The Defendant agrees to deductions from earnings for confinement costs (if work release).
☐ The Defendant agrees to weekly pass limits not exceeding 12 hours.
☐ 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 Georgia: [________________________________]
- Family connections: [________________________________]
- Remaining sentence: [________________________________]
- No outstanding warrants: ☐ True ☐ False
- No history of escape: ☐ True ☐ False
B. Public Safety Assessment
- Nature of underlying conviction: [________________________________]
- No aggravated assaultive offenses in past 5 years: ☐ True ☐ False
- No life-threatening illness preventing regular work: ☐ True ☐ False
C. Institutional Behavior Record
- Current custody status: [________________________________]
- Disciplinary record: [________________________________]
- Program participation: [________________________________]
- Work assignments: [________________________________]
- Sentencing judge/sheriff recommendation: ☐ Favorable ☐ Pending ☐ N/A
VI. SUPPORTING DOCUMENTATION
☐ Exhibit A — Medical records/physician statement
☐ Exhibit B — Death certificate or family emergency verification
☐ Exhibit C — Employment verification letter
☐ Exhibit D — Educational enrollment documentation
☐ Exhibit E — GDC disciplinary/behavior record
☐ Exhibit F — Sentencing judge recommendation (if available)
☐ Exhibit G — Sheriff approval (if applicable)
☐ Exhibit H — Criminal history verification (no aggravated assaultive offenses in 5 years)
☐ Exhibit I — Victim notification confirmation (if applicable)
☐ Exhibit J — [________________________________]
VII. CONCLUSION
WHEREFORE, the Defendant respectfully requests that this Honorable Court:
- Grant this Motion for Furlough / Temporary Release;
- Enter the attached Proposed Order;
- Direct the Georgia Department of Corrections to facilitate the furlough; and
- Grant such other and further relief as this Court deems just and proper.
Respectfully submitted,
[________________________________]
Attorney for Defendant
[________________________________]
[________________________________]
[________________________________]
Georgia Bar No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Date: [__/__/____]
PROPOSED ORDER GRANTING FURLOUGH
IN THE SUPERIOR COURT OF [________________________________] COUNTY, STATE OF GEORGIA
Case No.: [________________________________]
Upon consideration of the Defendant's Motion for Furlough and the Court finding good cause shown pursuant to O.C.G.A. §§ 42-1-4, 42-1-9, and 42-1-11, it is hereby:
ORDERED that the Defendant, [________________________________], GDC No. [________________________________], is granted furlough from [__/__/____] to [__/__/____], subject to the following conditions:
- The Defendant shall remain in the absolute custody of [________________________________].
- The Defendant shall abide by all institutional rules.
- The Defendant shall not leave [________________________________] County without prior authorization.
- The Defendant shall comply with weekly pass limits (not exceeding 12 hours for work release).
- The Defendant shall submit to deductions from earnings for confinement costs (if applicable).
- The Defendant shall return to [________________________________] no later than [__/__/____] at [____] hours.
- Failure to comply shall result in immediate removal and revocation.
- 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 District Attorney, [________________________________] Judicial Circuit
Address: [________________________________]
☐ Georgia Department of Corrections
Address: [________________________________]
☐ Warden, [________________________________] State Prison / Correctional Institution
Address: [________________________________]
☐ Sheriff, [________________________________] County (if applicable)
Address: [________________________________]
☐ Victim(s) / Victim's representative (if applicable)
Address: [________________________________]
☐ By U.S. Mail, postage prepaid
☐ By hand delivery
☐ By electronic filing/service
________________________________________
Attorney for Defendant
GEORGIA-SPECIFIC PRACTICE NOTES
Granting Authority: Authority is shared among sentencing judges, sheriffs, wardens, and the Commissioner of Corrections or designee. Sentencing court or sheriff approval may be required depending on the type of furlough.
Limited Framework: Georgia's furlough framework is relatively limited. Work release and extended furlough are the primary programs. Emergency furlough rules are not comprehensively set out in the statutes.
Work Release Exclusions (O.C.G.A. § 42-1-9): Offenders with a criminal record or history within the preceding five years of aggravated assault, rape, child molestation, robbery, drug trafficking, or escape are excluded. Offenders with life-threatening illnesses or disabilities preventing regular work are also excluded.
Weekly Pass Limits: GAC Rule 125-3-6-.04(6) limits weekly passes for work-release participants to 12 hours.
Confinement Cost Deductions: Work release participants may be subject to deductions from earnings for confinement costs.
Misconduct Removal: Participants may be removed from work release or furlough programs for misconduct.
Good Time Credits: The interaction between furlough and good time credit accrual is not specifically addressed in the furlough statutes.
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 O.C.G.A. provisions and GDC policies before filing.
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