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. Kansas Practice Notes

Caption

IN THE DISTRICT COURT OF [________________________________] COUNTY
STATE OF KANSAS

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

☐ Family Visit — Anticipating release from minimum security (K.S.A. 75-5210)
☐ Prospective Employer Interview (K.S.A. 75-5210)
☐ Supervised Furlough — Pre-July 1, 1993 offense (K.S.A. 22-3726)
☐ Medical Treatment Not Available at Facility
☐ Family Emergency — Serious illness of immediate family member
☐ Bereavement — Death of immediate family member
☐ Reintegration / Community Transition Planning
☐ Other: [________________________________]

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

K.S.A. 75-5210 — Furloughs

The Secretary of Corrections shall adopt rules and regulations under which inmates, as part of a program anticipating their release from minimum security status, may be granted temporary furloughs from a correctional institution or contract facility to visit their families or to be interviewed by prospective employers.

K.S.A. 22-3726 — Supervised Furlough (Pre-1993 Offenses)

The Secretary of Corrections may place, on a six-month supervised furlough, any inmate who is classified at a custody level not higher than minimum and who will be eligible for parole by the end of the six-month period. This provision applies to crimes committed prior to July 1, 1993.

K.S.A. 75-5202 — Definitions

Provides relevant definitions for the Department of Corrections statutory framework, including "inmate," "correctional institution," and "contract facility."

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 KDOC 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 Kansas
☐ Not associate with persons with active warrants or criminal records
☐ Return to [________________________________] (facility) by [__/__/____] at [____:____] [AM/PM]
☐ Submit to electronic monitoring if required by KDOC
☐ Additional condition: [________________________________]
☐ Additional condition: [________________________________]

Sponsor/Responsible Party Information

RISK ASSESSMENT

Factors Demonstrating Low Risk to Public Safety

1. Custody Level: [________________________________]
2. Institutional Conduct: [________________________________]
3. Time Served: [________________________________]
4. Nature of Underlying Offense: [________________________________]
5. Disciplinary History: [________________________________]
6. Program Participation: [________________________________]
7. Community and Family Ties: [________________________________]
8. Proximity to Release/Parole Date: [________________________________]

KDOC 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 DISTRICT COURT OF [________________________________] COUNTY
STATE OF KANSAS

Case No.: [________________________________]

ORDER ON MOTION FOR FURLOUGH

THIS MATTER having come before the Court on Defendant's Motion for Furlough, and the Court being duly advised:

IT IS HEREBY ORDERED:

1. The Motion for Furlough is GRANTED.
2. The Defendant, [________________________________], KDOC No. [________________________________], is authorized a temporary furlough from [________________________________] (facility).
3. The furlough 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 KDOC.
5. The Secretary of Corrections is respectfully requested to facilitate this furlough in accordance with K.S.A. 75-5210 and applicable rules and regulations.
6. Failure to return timely or comply with conditions may result in prosecution for aggravated escape under K.S.A. 21-5912.

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

_______________________________________________
Judge, District Court of [________________________________] County

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:

District Attorney:
[________________________________]
[________________________________]
[________________________________]

Kansas Department of Corrections:
[________________________________]
[________________________________]
[________________________________]

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

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

KANSAS PRACTICE NOTES

Court vs. KDOC Authority

• In Kansas, furlough authority rests with the Secretary of Corrections under K.S.A. 75-5210. The Secretary adopts rules and regulations governing furlough eligibility and conditions.
• Courts may recommend furlough, but the KDOC retains ultimate discretion.
• For supervised furlough under K.S.A. 22-3726, the Secretary has direct placement authority for eligible inmates.

Emergency vs. Planned Furlough

• Emergency furloughs (family emergencies, bereavement) may be processed through the facility warden on an expedited basis. Contact the facility directly while filing this motion.
• Planned furloughs (family visits, employer interviews) are part of a structured program anticipating release from minimum security status and require advance planning.
• Supervised furlough under K.S.A. 22-3726 is a six-month placement available only to inmates with pre-July 1, 1993 offenses who are classified at minimum custody and will be parole-eligible within six months.

Key Procedural Considerations

• Minimum custody classification is a prerequisite for standard furlough under K.S.A. 75-5210.
• K.S.A. 22-3726 supervised furlough applies only to crimes committed before July 1, 1993; verify offense date before relying on this provision.
• Violation of furlough conditions may constitute escape or aggravated escape under K.S.A. 21-5912.
• The Kansas Prisoner Review Board may also play a role in release decisions that intersect with furlough eligibility.
• Kansas Sentencing Guidelines may affect furlough eligibility depending on the crime severity level and criminal history category.