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. Kentucky Practice Notes

Caption

IN THE [________________________________] CIRCUIT COURT
COMMONWEALTH OF KENTUCKY
[________________________________] 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

☐ Ordinary Furlough — Family visitation / community reintegration (KRS 439.600)
☐ Medical Furlough — Treatment not available at facility (KRS 439.600)
☐ Study Release Program (KRS 439.600)
☐ Volunteer Program Participation (KRS 439.600)
☐ Family Emergency — Serious illness of immediate family member
☐ Bereavement — Death of immediate family member
☐ Employment or Vocational Planning
☐ Other: [________________________________]

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

KRS 439.560 — Furlough Defined

A "furlough" is defined as an authorized absence extending the limits of confinement from a correctional institution to visit a specific place within the boundaries of the Commonwealth of Kentucky for a specific length of time.

KRS 439.600 — Limited Release Programs

KRS 439.600 permits limited release for study programs, medical furloughs, ordinary furloughs, and volunteer programs if a prisoner is trustworthy. The Department of Corrections may furlough a qualified inmate under clearly defined conditions to promote the accomplishment of specific objectives.

501 KAR 6:020 — Furlough Program Regulations

Kentucky Administrative Regulations establish detailed procedures for the furlough program, including eligibility criteria, application process, approval authority, and conditions of release.

CPP 25.4 — Corrections Policy and Procedures (Furlough)

KDOC Corrections Policy and Procedures 25.4 establishes operational procedures and conditions for the furlough program administration, including risk assessment, supervision requirements, and violation consequences.

Additional Authority

[________________________________]

PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the furlough period:

☐ Remain within the Commonwealth of Kentucky at all times
☐ Remain at the designated destination address 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
☐ Not associate with persons with active warrants or felony records
☐ Return to [________________________________] (facility) by [__/__/____] at [____:____] [AM/PM]
☐ Submit to electronic monitoring if required by KDOC
☐ Comply with all provisions of CPP 25.4
☐ Additional condition: [________________________________]
☐ Additional condition: [________________________________]

Sponsor/Responsible Party Information

RISK ASSESSMENT

Factors Demonstrating Trustworthiness and Low Risk

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

KDOC Risk and Needs 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 [________________________________] CIRCUIT COURT
COMMONWEALTH OF KENTUCKY

Case No.: [________________________________]

ORDER ON MOTION FOR FURLOUGH

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

IT IS HEREBY ORDERED:

1. The Motion for Furlough is GRANTED.
2. The Defendant, [________________________________], KY DOC No. [________________________________], is authorized a furlough from [________________________________] (facility).
3. The furlough shall commence on [__/__/____] and terminate on [__/__/____].
4. The Defendant shall remain within the Commonwealth of Kentucky and comply with all conditions set forth in the motion and any additional conditions imposed by KDOC.
5. The Kentucky Department of Corrections is respectfully requested to facilitate this furlough in accordance with KRS 439.600, 501 KAR 6:020, and CPP 25.4.
6. Failure to return timely or comply with conditions may constitute escape under KRS 520.020 or KRS 520.030.

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

_______________________________________________
Judge, [________________________________] Circuit 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:

Commonwealth's Attorney:
[________________________________]
[________________________________]
[________________________________]

Kentucky Department of Corrections:
[________________________________]
[________________________________]
[________________________________]

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

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

KENTUCKY PRACTICE NOTES

Court vs. DOC Authority

• In Kentucky, furlough authority is vested in the Department of Corrections under KRS 439.600 and administered through CPP 25.4. The DOC may furlough qualified inmates under clearly defined conditions.
• Courts may recommend furlough, but the DOC and Parole Board retain ultimate discretionary authority.
• Furlough destinations must be within the Commonwealth of Kentucky (KRS 439.560).

Emergency vs. Planned Furlough

• Emergency furloughs (critical illness or death of immediate family member) are processed through the facility warden on an expedited basis. Contact the facility directly while filing this motion.
• Ordinary furloughs (family visitation, reintegration) require advance application through KDOC's furlough review process as outlined in CPP 25.4.
• Medical furloughs require documentation that adequate treatment is not available within the correctional system.
• Study release and volunteer programs are separate limited-release categories under KRS 439.600 with their own eligibility criteria.

Key Procedural Considerations

• The inmate must be deemed "trustworthy" under KRS 439.600 to qualify for furlough.
• 501 KAR 6:020 provides detailed administrative regulations governing furlough eligibility, application, and conditions.
• Violation of furlough conditions may constitute escape under KRS 520.020 (escape in the second degree) or KRS 520.030 (escape in the third degree).
• Mandatory reentry supervision under KRS 439.3406 may intersect with furlough planning for inmates approaching release.
• Victim notification requirements may apply; consult KRS 421.500 et seq.