MOTION FOR FURLOUGH (TEMPORARY LEAVE)

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. Indiana Practice Notes

Caption

IN THE [________________________________] COURT
[________________________________] COUNTY, STATE OF INDIANA

DEFENDANT/INMATE INFORMATION

GROUNDS FOR FURLOUGH

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

Type of Furlough Requested

☐ Visit to Critically Ill Close Relative (IC 11-10-9-2)
☐ Attendance at Funeral of Close Relative (IC 11-10-9-2)
☐ Medical Treatment — Not available at current facility
☐ Employment Interview / Prospective Employer Contact
☐ Educational or Vocational Training Program
☐ Reintegration / Community Transition Planning
☐ Other Designated Purpose: [________________________________]

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

IC 11-10-9-2 — Authorization for Temporary Leave

Indiana Code 11-10-9-2 authorizes the Department of Correction to grant an offender temporary leave from a correctional facility or program for a designated purpose and period of time, either alone or accompanied by a department employee or other custodial agent. The statute specifically contemplates leave for visiting a close relative who is seriously ill and for attending the funeral of a close relative.

IC 11-10-9-4 — Department Directives

The department may establish directives governing the implementation of temporary leave, including eligibility criteria and conduct requirements while on leave. Such directives relate solely to internal policy and procedure and do not have the force of law.

IC 11-10-10-2 — Temporary Release (Delinquent Offenders)

For delinquent offenders, temporary release may be authorized for a designated purpose and period of time as determined by the department.

Additional Authority

[________________________________]

PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the temporary leave period:

☐ Remain at the designated destination address unless otherwise directed
☐ Report to [________________________________] upon arrival at destination
☐ Maintain telephone contact with IDOC 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 Indiana
☐ Not associate with persons with active warrants or known criminal records
☐ Return to [________________________________] (facility) by [__/__/____] at [____:____] [AM/PM]
☐ Submit to electronic monitoring if required
☐ Be accompanied by IDOC custodial agent: [________________________________]
☐ 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 Record: [________________________________]
6. Program Participation: [________________________________]
7. Community and Family Ties: [________________________________]
8. Prior Temporary Leave History: [________________________________]

IDOC Classification 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 [________________________________] COURT
[________________________________] COUNTY, STATE OF INDIANA

Cause No.: [________________________________]

ORDER ON MOTION FOR FURLOUGH (TEMPORARY LEAVE)

THIS MATTER having come before the Court on Defendant's Motion for Furlough, 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, [________________________________], IDOC No. [________________________________], is authorized temporary leave from [________________________________] (facility).
3. The temporary leave shall commence on [__/__/____] and terminate on [__/__/____].
4. The Defendant shall comply with all conditions set forth in the motion and any additional conditions imposed by IDOC.
5. The Indiana Department of Correction is respectfully requested to facilitate the temporary leave in accordance with IC 11-10-9 and applicable departmental directives.
6. Failure to return timely or to comply with conditions may result in prosecution for escape under IC 35-44.1-3-4.

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

_______________________________________________
Judge, [________________________________] 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:

Prosecuting Attorney:
[________________________________]
[________________________________]
[________________________________]

Indiana Department of Correction:
[________________________________]
[________________________________]
[________________________________]

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

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

INDIANA PRACTICE NOTES

Court vs. IDOC Authority

• In Indiana, temporary leave is a discretionary decision of the Department of Correction under IC 11-10-9. Prisoners do not have an absolute right to temporary leave.
• Courts may recommend furlough or temporary leave, but the ultimate decision rests with IDOC. A court order carries significant persuasive weight.
• IDOC internal directives govern eligibility, application procedures, and conditions but do not have the force of law (IC 11-10-9-4).

Emergency vs. Planned Furlough

• Emergency temporary leave (critical illness or death of close relative) may be processed on an expedited basis through the facility superintendent. Contact the facility directly and simultaneously file this motion.
• Planned temporary leave (employment, education, reintegration) requires advance application through IDOC's standard review process. Allow 30-60 days for processing.
• Escorted temporary leave may be more readily granted, as the presence of a custodial agent mitigates flight risk.

Key Procedural Considerations

• "Close relative" under Indiana law typically includes spouse, parent, child, sibling, grandparent, and grandchild. Confirm current IDOC directive for the applicable definition.
• Violation of temporary leave conditions may constitute escape under IC 35-44.1-3-4.
• Time on temporary leave counts toward sentence completion.
• IDOC may require the offender to be at a minimum or lower security classification for certain types of temporary leave.