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. Idaho-Specific Practice Notes

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

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 Idaho Code §§ 20-101C, 20-242, and IDOC Standard Operating Procedure 605.02.01.001, 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):

☐ Emergency Escort Furlough — The Defendant faces an urgent situation requiring temporary release with staff escort.

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

☐ Expanded CRC Program (ECRC) Furlough — The Defendant seeks placement in the Expanded CRC Program for the final six months of sentence.

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

☐ Programming or Education Furlough — The Defendant seeks furlough to attend programming or educational activities.

☐ Transition Furlough — The Defendant seeks a brief furlough to facilitate transition back to the community.

☐ Family Emergency / Death — A member of the Defendant's immediate family is critically ill or has died.

☐ 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. Idaho Code § 20-101C — Board of Correction Authority

Establishes the State Board of Correction's authority over correctional programs, including furlough.

B. Idaho Code § 20-242 — Furlough Programs

Authorizes the establishment and administration of furlough programs for eligible inmates.

C. IDOC SOP 605.02.01.001 — Furlough Procedures

Revised April 23, 2024 (Version 7.0), this standard operating procedure establishes six types of furlough:

D. Common Eligibility Requirements

• No detainers or holds
• Not held at a county jail
• Minimum custody classification for at least six months (except medical)
• Good conduct record
• Must sign a Furlough Agreement and Waiver of Extradition
• No current or prior adult convictions for specific sex offenses
• Must remain within 75 miles of facility (most types)

IV. PROPOSED CONDITIONS OF FURLOUGH

Additional Conditions

☐ The Defendant agrees to sign a Furlough Agreement and Waiver of Extradition.

☐ The Defendant agrees to comply with reporting and security check requirements.

☐ The Defendant agrees to GPS/electronic monitoring (ECRC furlough).

☐ The Defendant agrees to pay applicable transport or program fees.

☐ 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 Idaho: [________________________________]
• Family connections: [________________________________]
• Remaining sentence: [________________________________]
• No detainers or holds: ☐ True ☐ False
• Signed Waiver of Extradition: ☐ Yes ☐ Pending
• No history of escape: ☐ True ☐ False

B. Public Safety Assessment

• Nature of underlying conviction: [________________________________]
• No sex offense convictions: ☐ True ☐ False
• Good conduct record at minimum custody: ☐ True ☐ False

C. Institutional Behavior Record

• Current custody classification: [________________________________]
• Duration at minimum custody: [________________________________] (6+ months required)
• Disciplinary record: [________________________________]
• Program participation: [________________________________]
• Work assignments: [________________________________]
• Not held at county jail: ☐ True ☐ False

VI. SUPPORTING DOCUMENTATION

☐ Exhibit A — Medical records/physician statement

☐ Exhibit B — Death certificate or family emergency verification

☐ Exhibit C — Employment verification letter

☐ Exhibit D — Programming/educational enrollment documentation

☐ Exhibit E — IDOC disciplinary/behavior record

☐ Exhibit F — Custody classification summary (minimum for 6+ months)

☐ Exhibit G — Furlough Agreement and Waiver of Extradition (pre-signed or draft)

☐ Exhibit H — GPS/electronic monitoring plan (ECRC)

☐ Exhibit I — Distance verification (within 75 miles)

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

Respectfully submitted,

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

Date: [__/__/____]

PROPOSED ORDER GRANTING FURLOUGH

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT, STATE OF IDAHO

IN AND FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]

Upon consideration of the Defendant's Motion for Furlough and the Court finding good cause shown pursuant to Idaho Code §§ 20-101C and 20-242, it is hereby:

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

1. The Defendant shall sign a Furlough Agreement and Waiver of Extradition.
2. The Defendant shall comply with all IDOC reporting and security check requirements.
3. The Defendant shall remain within 75 miles of [________________________________] facility.
4. The Defendant shall comply with GPS/electronic monitoring requirements (if ECRC).
5. The Defendant shall not leave Idaho without prior authorization.
6. The Defendant shall pay applicable furlough fees.
7. The Defendant shall return to [________________________________] no later than [__/__/____] at [____] hours.
8. Failure to comply shall result in immediate revocation and may result in additional charges.
9. Additional conditions: [________________________________]

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

________________________________________
DISTRICT 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 [________________________________] County Prosecuting Attorney
Address: [________________________________]

☐ Idaho Department of Correction (IDOC)
Address: [________________________________]

☐ Warden / CRC Manager, [________________________________]
Address: [________________________________]

☐ Idaho Commission of Pardons and Parole (if applicable)
Address: [________________________________]

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

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

________________________________________
Attorney for Defendant

IDAHO-SPECIFIC PRACTICE NOTES

Granting Authority: The State Board of Correction or its designee (IDOC Director, facility wardens, or CRC managers).

Six Furlough Types:

1. Emergency Escort — Staff escort required; no out-of-state or overnight; within 75 miles
2. Employment — Min. custody 6 months; good conduct; within 75 miles
3. Expanded CRC (ECRC) — Final 6 months of sentence; GPS/electronic monitoring; fees apply
4. Medical — Medical necessity; custody classification exception
5. Programming/Education — Min. custody; within 75 miles
6. Transition — 4 hours (max 8 hours); within 75 miles

Common Requirements: No detainers/holds; not in county jail; minimum custody for 6+ months (except medical); no sex offense convictions; Furlough Agreement and Waiver of Extradition required; within 75 miles of facility.

ECRC Furlough Fees: IDOC SOP 605.02.01.001 was revised April 23, 2024 (Version 7.0), including changes to ECRC furlough fees.

75-Mile Radius: Most furlough types require the resident to remain within 75 miles of the facility.

Sex Offense Exclusion: Residents with current or prior adult convictions for specific sex offenses are ineligible for furlough.

Waiver of Extradition: All furlough recipients must sign a Waiver of Extradition as a condition.

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 Idaho Code and IDOC SOPs before filing.