Motion for Furlough

MOTION OR ADMINISTRATIVE REQUEST FOR WORK RELEASE / SPECIAL LEAVE

ROUTE GATE: Select one route before use. Do not ask a sentencing court to order the Georgia Department of Corrections to grant a program that current law assigns to the Commissioner or designee.

☐ County-prisoner court route: O.C.G.A. §§ 42-1-4 or 42-1-9 applies, and this document will be filed as a motion.

☐ State-inmate administrative route: O.C.G.A. § 42-5-59 or Ga. Comp. R. & Regs. 125-2-4-.15 / 125-3-6 applies, and this document will be submitted as a request or recommendation to the Commissioner, designee, warden, or program staff—not as a proposed court order.

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. Georgia-Specific Practice Notes

IN THE SUPERIOR COURT OF [________________________________] COUNTY

STATE OF GEORGIA

MOTION OR REQUEST FOR WORK RELEASE / SPECIAL LEAVE

County route: COMES NOW the Defendant, [________________________________], by and through undersigned counsel, and respectfully moves this Court for county work release, educational programming, or habilitative programming under O.C.G.A. § 42-1-4 or § 42-1-9.

State route: [INMATE / COUNSEL / SUPPORTER] respectfully requests that the Commissioner of Corrections or designee evaluate the inmate for community employment under O.C.G.A. § 42-5-59, work release under Ga. Comp. R. & Regs. 125-3-6, or compassionate visit / special leave under Rule 125-2-4-.15. This request is not represented as a court's statutory power to order state placement.

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 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.

☐ Compassionate Visit / Special Leave — The inmate requests administrative consideration under Ga. Comp. R. & Regs. 125-2-4-.15 and applicable GDC procedures.

☐ 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 — County-Prisoner Work Release

Section 42-1-4 is not general furlough authority. It applies to eligible county prisoners. If there is reasonable cause to believe the inmate will honor the trust, work release may be authorized by the sentencing judge at sentencing or by the sheriff, warden, or other official in charge with the sentencing judge's written approval. Participation is voluntary.

B. O.C.G.A. § 42-1-9 — Work Release Programs

Section 42-1-9 governs eligible persons confined in a county jail after conviction and sentencing, pending a presentence report, or after return for a probation violation. The sheriff may assign an eligible offender under supervision, and the court may order an eligible offender into the program. The sheriff or court may also authorize educational or habilitative programming that supplements work release.

An offender:

• may not be subject to an outstanding warrant or order from another court or law-enforcement agency;

• may not have a criminal record or history within the preceding five years of an aggravated assaultive offense, including:

• Aggravated assault

• Aggravated battery
• Rape
• Child molestation
• Robbery
• Trafficking or distribution of a controlled substance or marijuana
• Homicide by vehicle
• Felony bail-jumping
• Escape

The offender also may not have a life-threatening illness or disability that would interfere with the ability to work on a regular schedule.

C. O.C.G.A. § 42-5-59 — State-Inmate Community Employment

For an inmate in the state system, § 42-5-59 assigns the decision to the Commissioner. If there is reasonable cause to believe the inmate will honor the trust, the Commissioner may extend the limits of confinement for voluntary paid employment or community training under prescribed conditions. The statute imposes labor-market protections, earnings deductions, custody, and escape provisions. It does not create a general superior-court motion to order GDC work release.

D. Ga. Comp. R. & Regs. 125-2-4-.15 — Compassionate Visits and Special Leave

The rule provides that inmates in Board of Corrections institutions may be eligible for compassionate visits, holiday leave, special leave, and emergency special leave. Eligibility criteria are established by the Commissioner's standard operating procedures and must reflect limitations imposed by Georgia law.

E. Ga. Comp. R. & Regs. 125-3-6 — State Work Release

The Commissioner or designee selects and approves each state work-release participant. The rule keeps participants in the Commissioner's absolute custody, governs compensation and deductions, authorizes removal for misconduct, and permits eligible participants to earn weekly passes not exceeding 12 hours under Department procedures.

F. O.C.G.A. § 42-1-11 — Victim Notification, Not Release Authority

Section 42-1-11 requires good-faith victim notification before specified releases or transfers, including extended furlough and work release, when its conditions are met. It does not authorize extended furlough and must not be cited as the source of a court's power to grant it.

IV. PROPOSED CONDITIONS OF FURLOUGH

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

County route: WHEREFORE, the Defendant respectfully requests that the Court determine eligibility under O.C.G.A. § 42-1-4 or § 42-1-9, enter an order limited to the authority those county-prisoner statutes provide, and grant any other lawful relief.

State route: The requester asks the Commissioner or designee to evaluate the inmate under O.C.G.A. § 42-5-59 and applicable Department rules and procedures. Any court filing should request only a recommendation or other relief the court independently has authority to provide; it should not direct GDC to make a placement decision assigned by law to the Commissioner.

Respectfully submitted,

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

Date: [__/__/____]

PROPOSED ORDER — COUNTY-PRISONER ROUTE ONLY

DO NOT USE THIS ORDER FOR A STATE-INMATE ADMINISTRATIVE REQUEST. Confirm that O.C.G.A. § 42-1-4 or § 42-1-9 applies to the person's county confinement and procedural posture.

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

Case No.: [________________________________]

Upon consideration of the Defendant's Motion and the Court finding that the applicable requirements of O.C.G.A. § [42-1-4 / 42-1-9] are satisfied, it is hereby:

ORDERED that the Defendant, [________________________________], is authorized for the following county program: [WORK RELEASE / EDUCATIONAL PROGRAM / HABILITATIVE PROGRAM], subject to coordination with the sheriff or program administrator and the following conditions:

1. The Defendant shall remain in the absolute custody of [________________________________].
2. The Defendant shall abide by all institutional rules.
3. The Defendant shall not leave [________________________________] County without prior authorization.
4. The Defendant shall comply with weekly pass limits (not exceeding 12 hours for work release).
5. The Defendant shall submit to deductions from earnings for confinement costs (if applicable).
6. The Defendant shall return to [________________________________] no later than [__/__/____] at [____] hours.
7. Failure to comply shall result in immediate removal and revocation.
8. 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: The route depends on custody. County-prisoner work release may involve the sentencing judge, sheriff, warden, or other official under §§ 42-1-4 and 42-1-9. State work release and special leave are administered by the Commissioner or designee under § 42-5-59 and Department rules.

Special Leave: Rule 125-2-4-.15 recognizes compassionate visits and special-leave programs but leaves eligibility criteria to the Commissioner's standard operating procedures. Obtain the current GDC procedure before submitting a request.

County Work Release Exclusions (O.C.G.A. § 42-1-9): Verify every item in subsection (d), including outstanding warrants or orders and the complete aggravated-offense list. Do not use the shortened list that appeared in the prior version of this template.

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.

SOURCES AND REFERENCES

• Georgia Secretary of State, current Board of Corrections rules (through June 30, 2026): https://rules.sos.ga.gov/gac/125
• Ga. Comp. R. & Regs. 125-3-6, Work Release: https://rules.sos.ga.gov/gac/125-3-6
• Ga. Comp. R. & Regs. 125-2-4-.15, Compassionate Visits and Special Leave: https://rules.sos.ga.gov/gac/125-2-4-.15
• Georgia Department of Corrections, Reentry and Work Release: https://gdc.georgia.gov/inmate-services-division-0/reentry-cognitive-programming-unit/reentry-cognitive-programming
• O.C.G.A. §§ 42-1-4, 42-1-9, 42-1-11, and 42-5-59: current official Georgia Code pages were not retrievable through Sofya; section text was cross-checked through the 2024 Justia compilation and official 2026 rules and legislative amendment summary.

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.