Motion for Furlough - Indiana

MOTION FOR FURLOUGH — REQUEST FOR COURT RECOMMENDATION

Before you use this: This motion asks the sentencing court only to recommend that the Indiana Department of Correction consider temporary leave. Submit the separate leave request through the facility's current process. A court recommendation does not replace the department's written authorization and conditions. Use this form only if the court will accept a filing in the criminal cause.

IN THE [CIRCUIT / SUPERIOR] COURT OF [COUNTY] COUNTY, INDIANA

Cause No.: [________________________________]

Defendant's Motion for a Nonbinding Recommendation Concerning Temporary Leave

Defendant [NAME], by [COUNSEL NAME / SELF], requests that the Court, if it elects to address this filing, recommend that the Indiana Department of Correction consider temporary leave under Ind. Code § 11-10-9-2. Defendant does not ask the Court to order release or prescribe the department's conditions. In support, Defendant states:

1. Defendant is a confined criminal offender at [FACILITY], IDOC number [NUMBER]. The conviction and sentence in this cause are [OFFENSE, DATE, AND SENTENCE]. Ind. Code § 11-10-9-1 limits Chapter 9 to confined criminal offenders.

2. Defendant requests leave for [DESIGNATED PURPOSE]. This purpose fits § 11-10-9-2(a)([NUMBER]) because [FACTS]. Supporting documents are identified or attached as [EXHIBITS].

3. The proposed leave would be in Indiana, from [DATE AND TIME] to [DATE AND TIME], at [ADDRESS]. For a purpose other than terminal-illness home leave under subsection (a)(7), the requested period is no more than five days under § 11-10-9-2(b).

4. The department's decision may account for [FACILITY RULES, CLASSIFICATION, ESCORT, SUPPORT PERSON, TRANSPORT, AND RETURN PLAN]. Defendant's proposed plan is [DETAILS]. Under § 11-10-9-2(d), a department employee or other custodial agent must accompany an offender unless the offender has the specified minimum security classification.

5. The defendant will comply with every condition in the department's written authorization if leave is approved. Section 11-10-9-2(c) requires that written authorization before release and requires the offender to keep it while on leave.

6. The prosecuting attorney's position, if known, is [POSITION]. Counsel contacted [NAME] on [DATE] by [METHOD]; the response was [RESPONSE]. The department or facility has been contacted as follows: [DATE, PERSON, METHOD, AND RESPONSE].

Requested disposition: Defendant asks the Court only to state, if the Court chooses, that the department should consider Defendant's application. The department alone decides whether to grant leave under § 11-10-9-2 and sets the conditions. Defendant requests no order compelling release.

Respectfully submitted,

[SIGNATURE]

[NAME AND ATTORNEY NUMBER, IF APPLICABLE]

[ADDRESS]

[PHONE AND EMAIL]
Date: [__/__/____]

Proposed Order on Request for Recommendation

The Court has considered Defendant's motion. The Court [☐ makes no recommendation / ☐ recommends that the Indiana Department of Correction consider the request described in the motion]. This order grants no temporary leave, directs no release, and does not replace the department's decision or written authorization under Ind. Code § 11-10-9-2.

SO ORDERED on [__/__/____].

[JUDGE SIGNATURE]

Judge, [COURT]

Certificate of Service

I certify that on [__/__/____] I served this motion and any exhibits on [PROSECUTING ATTORNEY NAME AND ADDRESS] and sent a copy to [FACILITY / DEPARTMENT RECIPIENT] by [AUTHORIZED METHOD].

[SIGNATURE]

[NAME]

Sources and References

• Indiana Code 2026, Title 11, Article 10, Chapter 9