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. Hawaii-Specific Practice Notes

IN THE CIRCUIT COURT OF THE [________________________________] CIRCUIT

STATE OF HAWAII

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 Hawaii Revised Statutes § 353-17 and Department of Corrections & Rehabilitation Policy COR.14.15, 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):

☐ Employment / Work Furlough — The Defendant seeks furlough for employment purposes.

☐ Social Reorientation / Resocialization — The Defendant seeks furlough to maintain community and family ties.

☐ Education / Educational Furlough — The Defendant seeks furlough to attend an educational program.

☐ Vocational Training — The Defendant seeks furlough for vocational training.

☐ Medical Emergency — The Defendant requires medical treatment not available within the facility.

☐ Family Emergency / Death (Out-of-State) — A member of the Defendant's immediate family or reciprocal beneficiary has died or is critically ill or injured, and the family member resides outside Hawaii.

☐ Family Emergency / Death (In-State) — A member of the Defendant's immediate family is critically ill or has died within Hawaii.

☐ 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. HRS § 353-17 — Furlough Program

Authorizes the Director of Corrections & Rehabilitation (or designated agent) to grant furloughs to committed persons with minimum or lower security classification for:

• Employment
• Social reorientation
• Education
• Training
• Vocational purposes

B. Special Out-of-State Furlough (HRS § 353-17)

When death, critical illness, or critical injury occurs to an immediate family member or reciprocal beneficiary residing outside the State:

• Furlough may be granted at no cost to the State
• The Director must inform authorities of the receiving state
• Limited to immediate family or reciprocal beneficiary

C. HRS § 352-25 — Youth Furlough

For juvenile committed persons, the Director must find a reasonable probability the person will not violate the law, considering:

• Risk/needs assessment results
• No significant misconduct in prior two months
• Demonstrated rehabilitation efforts
• Compliance with reentry plan
• Results of a home visit

D. DCR Policy COR.14.15 — Inmate Furlough Program

Implements the statutory furlough program, establishing procedures for furlough passes, furlough agreements, compliance monitoring, and return requirements.

IV. PROPOSED CONDITIONS OF FURLOUGH

Additional Conditions

☐ The Defendant agrees to carry the furlough pass and comply strictly with all terms.

☐ The Defendant agrees to return by the specified date/time on the furlough pass.

☐ The Defendant agrees to enter into a Furlough Agreement.

☐ The Defendant agrees that earned wages may be used to satisfy restitution obligations.

☐ The Defendant agrees that earned wages may be used to reimburse state room and board costs.

☐ The Defendant agrees to comply with EMS/OPS monitoring device requirements.

☐ The Defendant agrees to immediate return if directed by case manager, unit manager, or community-based administrator.

☐ Other conditions: [________________________________]

V. RISK ASSESSMENT

A. Flight Risk Assessment

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

• Community ties in Hawaii: [________________________________]
• Family connections: [________________________________]
• Remaining sentence: [________________________________]
• Island geography limiting flight risk: [________________________________]
• No history of escape: ☐ True ☐ False

B. Public Safety Assessment

• Nature of underlying conviction: [________________________________]
• Minimum or lower security classification: ☐ True ☐ False
• Risk/needs assessment results: [________________________________]

C. Institutional Behavior Record

• Current security classification: [________________________________]
• Significant misconduct in prior two months: ☐ None ☐ [________________________________]
• Rehabilitation efforts demonstrated: [________________________________]
• Reentry plan compliance: [________________________________]
• Home visit results (if applicable): [________________________________]
• Program participation: [________________________________]

VI. SUPPORTING DOCUMENTATION

☐ Exhibit A — Medical records/physician statement

☐ Exhibit B — Death certificate or critical illness/injury verification

☐ Exhibit C — Employment verification letter

☐ Exhibit D — Educational/vocational enrollment documentation

☐ Exhibit E — DCR disciplinary/behavior record

☐ Exhibit F — Security classification summary

☐ Exhibit G — Risk/needs assessment results

☐ Exhibit H — Reentry plan

☐ Exhibit I — Furlough Agreement (if pre-signed)

☐ Exhibit J — Home visit report (if applicable)

☐ Exhibit K — Victim notification confirmation (if applicable)

☐ Exhibit L — [________________________________]

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

Respectfully submitted,

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

Date: [__/__/____]

PROPOSED ORDER GRANTING FURLOUGH

IN THE CIRCUIT COURT OF THE [________________________________] CIRCUIT, STATE OF HAWAII

Case No.: [________________________________]

Upon consideration of the Defendant's Motion for Furlough and the Court finding good cause shown pursuant to HRS § 353-17, it is hereby:

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

1. The Defendant shall carry the furlough pass at all times and comply strictly with its terms.
2. The Defendant shall remain at [________________________________] during the furlough period.
3. The Defendant shall enter into a Furlough Agreement with DCR.
4. The Defendant shall comply with electronic monitoring requirements.
5. The Defendant shall return by the date/time specified on the furlough pass.
6. Earned wages shall be applied to restitution and state room/board reimbursement as directed.
7. A warrant may be issued to retake the Defendant if furlough terms are violated.
8. 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 Prosecuting Attorney, [________________________________] County
Address: [________________________________]

☐ Department of Corrections & Rehabilitation
Address: [________________________________]

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

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

☐ By U.S. Mail, postage prepaid
☐ By hand delivery
☐ By electronic filing/service (JEFS)

________________________________________
Attorney for Defendant

HAWAII-SPECIFIC PRACTICE NOTES

Granting Authority: The Director of the Department of Corrections & Rehabilitation (or designated agent) has authority to grant furloughs under HRS § 353-17.

Security Classification: Minimum or lower security classification is required for furlough eligibility. The statute does not list specific offense exclusions; eligibility is largely discretionary.

Special Out-of-State Furlough: Available when death, critical illness, or injury occurs to an immediate family member or reciprocal beneficiary outside Hawaii. Furlough is at no cost to the State. The Director must inform authorities of the receiving state.

Furlough Pass and Agreement: Inmates must carry a furlough pass and strictly comply with its terms. A Furlough Agreement must be signed. Warrants may be issued to retake furloughed inmates who violate terms.

Wage Allocation: Earned wages during work furlough may be used to satisfy restitution obligations and reimburse state room and board costs.

Electronic Monitoring: DCR policy references EMS/OPS monitoring devices. Case managers, unit managers, and community-based administrators may direct immediate return.

Youth Furlough (HRS § 352-25): Separate provisions for juvenile committed persons requiring: reasonable probability of law compliance, risk/needs assessment, no significant misconduct in prior two months, demonstrated rehabilitation, reentry plan compliance, and home visit results.

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 HRS provisions and DCR policies before filing.