Motion for Furlough - Massachusetts

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. Massachusetts Practice Notes

Caption

COMMONWEALTH OF MASSACHUSETTS
[________________________________] COURT DEPARTMENT
[________________________________] DIVISION

DEFENDANT/INMATE INFORMATION

GROUNDS FOR FURLOUGH

COMES NOW the Defendant, [________________________________], by and through counsel, [________________________________], and respectfully asks this Court to recommend that the responsible correctional official consider a furlough from [________________________________] (facility name). This motion does not request judicial authorization to leave the facility. The request rests on these facts:

Type of Furlough Requested

☐ Medical/Psychiatric/Psychological Services — Not adequate at facility (M.G.L. c. 127, 90A)
☐ Social Services Not Available at Facility
☐ Community Reintegration (M.G.L. c. 127, 90A)
☐ Emergency Furlough or Escorted Trip (103 CMR 463.11 or 952.03, as applicable)
☐ Critical Illness of a Relative
☐ Funeral of a Relative
☐ Contact Prospective Employers
☐ Secure a Residence for Release
☐ Other Reason Consistent with Reintegration: [________________________________]

Compliance with Statutory Limits

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

M.G.L. c. 127, 90A — Temporary Release of Committed Offenders

Section 90A gives the Commissioner authority over furloughs from state correctional facilities and the administrator authority over furloughs from county correctional facilities. The statute limits an authorized period to seven days at one time and fourteen days during any twelve-month period. It excludes a person convicted of first-degree murder and imposes additional approval requirements for the listed life sentences and offenses. The requested purpose must fit one of the statute's listed grounds, including a relative's funeral or critical illness, specified services unavailable at the facility, contact with prospective employers, securing a residence for release, or another reason consistent with reintegration.

103 CMR 463.00 — Department of Correction Furlough Regulations

For a state-facility inmate, 103 CMR 463.07 governs eligibility; 463.08 measures the DOC furlough year; 463.09 requires an approved sponsor; and 463.11 supplies the emergency procedure. Under 463.12, the Commissioner or designee decides an initial application after facility review. The responsible official, not this Court, decides whether a furlough will occur and on what conditions.

103 CMR 952.03 — County Correctional Facility Furloughs

County facilities must maintain a review procedure for eligible inmates. Section 952.03 also caps county furloughs at fourteen days in a calendar year and seven days at one time. The statutory fourteen-day limit in any twelve-month period still applies. County furlough procedures do not apply to jail facilities, although emergency escorted trips do.

Legal Status During Furlough

Under § 90A, a committed offender remains in the correctional facility's custody during an authorized absence, and that time counts toward the sentence. The consequences of a violation depend on the conduct and the applicable correctional rules; 103 CMR 463.18 lists circumstances in which a DOC inmate is declared on escape.

Additional Authority

[________________________________]

PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the furlough period:

☐ Remain within the Commonwealth of Massachusetts at all times
☐ Remain at the designated destination address unless otherwise authorized
☐ Report to [________________________________] upon arrival at destination
☐ Maintain telephone contact with DOC 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 criminal records
☐ Return to [________________________________] (facility) by [__/__/____] at [____:____] [AM/PM]
☐ Submit to electronic monitoring if required
☐ Comply with the applicable facility furlough rules and approved itinerary
☐ Additional condition: [________________________________]
☐ Additional condition: [________________________________]

Sponsor/Responsible Party Information

RISK ASSESSMENT

Factors Demonstrating Low Risk to Public Safety

1. Security 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: [________________________________]

Facility Classification and Risk 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

COMMONWEALTH OF MASSACHUSETTS
[________________________________] COURT DEPARTMENT

Docket No.: [________________________________]

ORDER ON MOTION FOR RECOMMENDATION FOR FURLOUGH

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 Court recommends that [the Commissioner of Correction / the county facility administrator] consider the Defendant's furlough request for [dates and purpose], subject to M.G.L. c. 127, § 90A and the applicable correctional regulations.
2. This recommendation does not authorize release or require the facility to approve the request. Any furlough, its dates, itinerary, supervision and conditions require approval by the responsible correctional official.

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

_______________________________________________
Justice, [________________________________] 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 for [________________________________] County:
[________________________________]
[________________________________]

Massachusetts Department of Correction:
[________________________________]
[________________________________]

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

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

MASSACHUSETTS PRACTICE NOTES

Court vs. DOC Authority

• Section 90A gives the Commissioner authority for state facilities and the county administrator authority for county facilities. A court recommendation does not itself approve a furlough.
• For county house of correction inmates, 103 CMR 952.03 provides additional procedures and a calendar-year cap.
• A committed offender remains in the facility's custody during an authorized furlough under § 90A.

Emergency vs. Planned Furlough

• 103 CMR 463.11 sets out the DOC emergency-furlough process. Section 952.03 permits county emergency escorted trips. Contact the facility about the applicable process.
• Planned DOC furloughs proceed through the facility and Commissioner review described in 103 CMR 463.12.
• Section 90A permits at most fourteen days in any twelve-month period and seven days at one time. County facilities also apply the calendar-year cap in 103 CMR 952.03.

Key Procedural Considerations

• Section 90A confines furloughs to the Commonwealth. DOC eligibility requirements in 103 CMR 463.07 include time served, release proximity, classification and listed disqualifications; confirm the inmate's status with the facility.
• DOC rules in 103 CMR 463.17 and 463.18 distinguish a violation of conditions from circumstances that require an escape declaration.
• DOC notification rules appear in 103 CMR 463.14; county notification rules appear in 103 CMR 952.03(5).