Motion for Furlough

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. Louisiana Practice Notes

Caption

[________________________________] JUDICIAL DISTRICT COURT
FOR THE PARISH OF [________________________________]
STATE OF LOUISIANA

DEFENDANT/INMATE INFORMATION

GROUNDS FOR FURLOUGH

NOW INTO COURT, through undersigned counsel, comes the Defendant, [________________________________], who respectfully moves this Honorable Court for an Order recommending a furlough from [________________________________] (facility name) for the following reasons:

Type of Furlough Requested

☐ Rehabilitative Furlough — Maintaining family relationships (La. R.S. 15:833)
☐ Medical/Psychiatric Treatment Not Available at Facility
☐ Family Emergency — Serious illness of immediate family member
☐ Bereavement — Death of immediate family member
☐ Temporary Release for Limited Purposes (La. R.S. 15:833.2)
☐ Employment or Vocational Training
☐ Reintegration / Pre-Release Planning
☐ Governor's Mansion Work Assignment Furlough (La. R.S. 15:833)
☐ Within Six Months of Discharge (La. R.S. 15:833)
☐ Other: [________________________________]

Specific Facts Supporting This Request

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

Furlough Plan (Required Under La. R.S. 15:833)

STATUTORY AUTHORITY

La. R.S. 15:833 — Inmate Contact; Temporary Release; Furloughs

The Secretary may authorize furloughs to deserving inmates of any adult correctional institution, intended to serve as a rehabilitation tool to assist the inmate in maintaining family relationships during incarceration. A furlough is not to be considered a reprieve and therefore will not extend the inmate's sentence. Prior to being recommended for furlough, the inmate must submit a furlough plan stating the purpose, destination, and housing arrangements. A responsible member of the inmate's family or other previously approved person shall sign a responsibility agreement and provide transportation for the inmate.

La. R.S. 15:833.2 — Temporary Release for Limited Purposes

Provides for temporary release of inmates for specified limited purposes including medical treatment, court appearances, and other designated activities.

La. R.S. 15:811 — Parish Prison Temporary Release or Furlough

Governs temporary release and furlough for inmates confined in parish or multi-parish prisons, with authority vested in the sheriff.

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
☐ Remain within the designated parish: [________________________________]
☐ Report to [________________________________] upon arrival at destination
☐ Maintain telephone contact with DPSC at intervals of [________________________________]
☐ Abstain from alcohol and controlled substances
☐ Submit to drug/alcohol testing upon request
☐ Possess no firearms or dangerous weapons
☐ Not leave the State of Louisiana
☐ Not associate with persons with active warrants or criminal records
☐ Return to [________________________________] (facility) by [__/__/____] at [____:____] [AM/PM]
☐ Submit to electronic monitoring if required by DPSC
☐ Responsibility agreement signed by sponsor (required by La. R.S. 15:833)
☐ Additional condition: [________________________________]
☐ Additional condition: [________________________________]

Sponsor/Responsible Party Information (Required)

RISK ASSESSMENT

Factors Demonstrating Defendant is "Deserving" of Furlough

1. Institutional Conduct: [________________________________]
2. Security Classification: [________________________________]
3. Time Served: [________________________________]
4. Nature of Underlying Offense: [________________________________]
5. Disciplinary History: [________________________________]
6. Program Participation: [________________________________]
7. Family Relationships: [________________________________]
8. Prior Furlough History: [________________________________]
9. Proximity to Discharge Date: [________________________________]

DPSC Classification Assessment

[________________________________]

SUPPORTING DOCUMENTATION

The following documents are attached hereto and incorporated by reference:

☐ Exhibit A: Furlough Plan
☐ Exhibit B: Sponsor Responsibility Agreement
☐ Exhibit C: [________________________________]
☐ Exhibit D: [________________________________]
☐ Exhibit E: [________________________________]
☐ Exhibit F: [________________________________]

PROPOSED ORDER

[________________________________] JUDICIAL DISTRICT COURT
PARISH OF [________________________________], STATE OF LOUISIANA

Docket 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, [________________________________], DPSC No. [________________________________], is authorized a 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, the approved furlough plan, and any additional conditions imposed by DPSC.
5. The Secretary of the Department of Public Safety and Corrections is respectfully requested to facilitate this furlough in accordance with La. R.S. 15:833.
6. The furlough shall not be considered a reprieve and shall not extend the Defendant's sentence.
7. Failure to return timely or comply with conditions may constitute simple escape under La. R.S. 14:110.

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

_______________________________________________
Judge, [________________________________] Judicial District 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:

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

Department of Public Safety and Corrections:
[________________________________]
[________________________________]
[________________________________]

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

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

LOUISIANA PRACTICE NOTES

Court vs. DPSC Authority

• In Louisiana, furlough authority is vested in the Secretary of the Department of Public Safety and Corrections under La. R.S. 15:833. The Secretary may authorize furloughs for "deserving inmates."
• Courts may recommend furlough but cannot compel DPSC to grant one.
• For parish prison inmates, the sheriff has furlough authority under La. R.S. 15:811.
• A furlough is not a reprieve and does not extend the sentence.

Emergency vs. Planned Furlough

• Emergency furloughs (critical illness or death) are processed through the facility warden on an expedited basis. Contact the facility directly and file this motion simultaneously.
• Planned furloughs (family relationship maintenance, reintegration) require submission of a furlough plan to DPSC and approval by the Secretary.
• Inmates assigned to Governor's Mansion work duties and inmates within six months of discharge have specific statutory eligibility under La. R.S. 15:833.

Key Procedural Considerations

• A furlough plan is required before any furlough recommendation, stating purpose, destination, and housing arrangements (La. R.S. 15:833).
• A sponsor responsibility agreement signed by a responsible family member or approved person is mandatory; the sponsor must also provide transportation.
• DPSC compiles statistical data on furlough violations under La. R.S. 15:833.1, including new offenses and disciplinary actions.
• Violation of furlough conditions may constitute simple escape under La. R.S. 14:110 or aggravated escape under La. R.S. 14:110.1.
• Louisiana uses a parish-based court system; file in the parish of original sentencing.