MOTION FOR FURLOUGH

TABLE OF CONTENTS

1. Caption
2. Defendant/Inmate Information
3. Grounds for Furlough
4. Statutory Authority
5. Proposed Conditions of Furlough
6. Risk Assessment
7. Supporting Documentation
8. Proposed Order
9. Certificate of Service
10. Iowa Practice Notes

Caption

IN THE IOWA DISTRICT COURT
IN AND FOR [________________________________] COUNTY

DEFENDANT/INMATE INFORMATION

GROUNDS FOR FURLOUGH

COMES NOW the Defendant, [________________________________], by and through counsel, [________________________________], and respectfully moves this Court for an Order recommending a furlough from [________________________________] (facility name) for the following reasons:

Type of Furlough Requested

☐ Serious Illness of Immediate Family Member (Iowa Code 904.108)
☐ Death of Immediate Family Member (Iowa Code 904.108)
☐ Interview by Prospective Employer (Iowa Code 904.108)
☐ Training Program Not Available Within Institution (Iowa Code 904.108)
☐ Rehabilitative Program or Activity (Iowa Code 904.108)
☐ Medical Treatment Not Available at Facility
☐ Other Rehabilitative Objective: [________________________________]

Specific Facts Supporting This Request

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Requested Furlough Period

STATUTORY AUTHORITY

Iowa Code 904.108 — Director: Duties and Powers (Furlough)

The Director of the Department of Corrections, with the express approval of the Board of Corrections, may establish for any inmate sentenced pursuant to Iowa Code 902.3 a furlough program under which inmates sentenced to and confined in any institution under the jurisdiction of the department may be temporarily released. Furloughs for a period not to exceed fourteen days may be granted when:

1. An immediate member of an inmate's family is seriously ill or has died;
2. An inmate is to be interviewed by a prospective employer; or
3. An inmate is authorized to participate in a training program not available within the institution.

Furloughs may also be granted to allow inmates to participate in programs or activities that serve rehabilitative objectives.

Iowa Code 906.2 — Paroles and Work Release

This section provides additional context for conditional release programs, including furlough as part of the continuum of supervised release options available to the Board of Parole and DOC.

201 Iowa Admin. Code Chapter 20 — Furlough Regulations

The Iowa Department of Corrections administrative rules establish specific procedures, eligibility criteria, and conditions for furlough participation, including application requirements and supervisory standards.

Additional Authority

[________________________________]

PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the furlough period:

☐ Remain at the designated destination address at all times unless otherwise authorized
☐ Report to [________________________________] upon arrival at destination
☐ Maintain telephone contact with Iowa DOC at intervals of [________________________________]
☐ Abstain from alcohol and controlled substances
☐ Submit to drug/alcohol testing upon request
☐ Possess no firearms or dangerous weapons
☐ Remain within the State of Iowa
☐ Not associate with persons with active warrants or criminal records
☐ Return to [________________________________] (facility) by [__/__/____] at [____:____] [AM/PM]
☐ Submit to electronic monitoring if required by DOC
☐ Additional condition: [________________________________]
☐ Additional condition: [________________________________]

Sponsor/Responsible Party Information

RISK ASSESSMENT

Factors Demonstrating Low Risk to Public Safety

1. Institutional Conduct: [________________________________]
2. Security Classification: [________________________________]
3. Time Served: [________________________________]
4. Nature of Underlying Offense: [________________________________]
5. Disciplinary History: [________________________________]
6. Program Participation: [________________________________]
7. Community and Family Ties: [________________________________]
8. Prior Furlough History: [________________________________]

DOC Risk Assessment

[________________________________]

SUPPORTING DOCUMENTATION

The following documents are attached hereto and incorporated by reference:

☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]
☐ Exhibit D: [________________________________]
☐ Exhibit E: [________________________________]

PROPOSED ORDER

IN THE IOWA DISTRICT COURT
IN AND FOR [________________________________] COUNTY

Case No.: [________________________________]

ORDER ON MOTION FOR FURLOUGH

THIS MATTER having come before the Court on Defendant's Motion for Furlough, and the Court having reviewed the motion, exhibits, and arguments of counsel:

IT IS HEREBY ORDERED:

1. The Motion for Furlough is GRANTED.
2. The Defendant, [________________________________], DOC No. [________________________________], is authorized a furlough from [________________________________] (facility).
3. The furlough shall commence on [__/__/____] and terminate on [__/__/____], not to exceed fourteen (14) days.
4. The Defendant shall comply with all conditions set forth in the motion and any additional conditions imposed by DOC.
5. The Director of the Iowa Department of Corrections is respectfully requested to facilitate this furlough in accordance with Iowa Code 904.108 and applicable administrative rules.
6. Failure to return timely or comply with conditions may result in prosecution for escape under Iowa Code 719.4.

SO ORDERED this [____] day of [________________], [________].

_______________________________________________
Judge, Iowa District Court

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Furlough and all exhibits was served upon:

County Attorney:
[________________________________]
[________________________________]
[________________________________]

Iowa Department of Corrections:
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, first class, postage prepaid
☐ By electronic filing (EDMS)
☐ By facsimile

_______________________________________________
Attorney for Defendant
Name: [________________________________]
Iowa Bar No.: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

IOWA PRACTICE NOTES

Court vs. DOC Authority

• In Iowa, furlough authority rests with the Director of the Department of Corrections with the express approval of the Board of Corrections under Iowa Code 904.108.
• Courts may recommend furlough, but the DOC retains ultimate discretionary authority over the decision.
• The Board of Parole has separate authority over parole and work release under Iowa Code Chapter 906.

Emergency vs. Planned Furlough

• Emergency furloughs (serious illness or death of immediate family member) may be processed on an expedited basis through the facility warden. Contact the facility directly while simultaneously filing this motion.
• Planned furloughs (employment interviews, training programs, rehabilitative activities) require advance application through DOC's standard process. Allow adequate lead time for review.
• All furloughs are limited to a maximum of 14 days per the statute.

Key Procedural Considerations

• "Immediate family member" should be confirmed against current DOC administrative definitions.
• Violation of furlough conditions may constitute escape under Iowa Code 719.4.
• Time on furlough counts as time served toward the sentence.
• The Director may impose additional conditions beyond those proposed, including escort requirements or geographic restrictions.
• Furlough availability may depend on the inmate's classification level and sentence type; inmates sentenced under Iowa Code 902.3 are specifically referenced in the statute.