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. 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 moves this Honorable Court for an Order recommending a furlough from [________________________________] (facility name) for the following reasons:

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 Escorted Trip (M.G.L. c. 127, 90B)
☐ Family Emergency — Serious illness of immediate family member
☐ Bereavement — Death of immediate family member
☐ Employment or Vocational Planning
☐ Educational Program
☐ 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

The Commissioner may extend the limits of the place of confinement of a committed offender at any state correctional facility by authorizing such committed offender under prescribed conditions to be away from such correctional facility but within the Commonwealth for a specified period of time. An inmate is limited to 14 days furlough in any one calendar year and not more than 7 days furlough at any one time. Furloughs may be granted for purposes including medical, psychiatric, psychological, or other social services when adequate services are not available at the facility, and for any other reason consistent with the reintegration of a committed offender into the community.

M.G.L. c. 127, 90B — Emergency Furloughs

Provides for emergency escorted trips under circumstances requiring immediate attention, such as critical illness or death of an immediate family member.

103 CMR 463.00 — Department of Correction Furlough Regulations

Massachusetts DOC regulations establish detailed procedures for furlough applications, eligibility criteria, approval processes, conditions, and supervision requirements.

103 CMR 952.00 — County Correctional Facility Furloughs

Governs furlough procedures for inmates confined in county houses of correction, with separate eligibility and procedural requirements.

Legal Status During Furlough

A prisoner is as much in the custody of the correctional facility when on furlough as when physically within its walls. Violation of furlough terms means the prisoner has removed themselves from custody.

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 all 103 CMR 463.00 requirements
☐ 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: [________________________________]

DOC 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 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 Motion for Furlough is GRANTED.
2. The Defendant, [________________________________], DOC No. [________________________________], is authorized a furlough from [________________________________] (facility).
3. The furlough shall commence on [__/__/____] and terminate on [__/__/____], not to exceed seven (7) consecutive days.
4. The Defendant shall remain within the Commonwealth of Massachusetts at all times.
5. The Defendant shall comply with all conditions and any additional conditions imposed by DOC.
6. The Commissioner of Correction is respectfully requested to facilitate this furlough in accordance with M.G.L. c. 127, 90A and 103 CMR 463.00.
7. Failure to return timely or comply with conditions may constitute escape under M.G.L. c. 268, 16.

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

• In Massachusetts, furlough authority is vested in the Commissioner of Correction under M.G.L. c. 127, 90A. The Commissioner may extend the limits of confinement under prescribed conditions.
• Courts may recommend furlough but cannot compel DOC to grant one.
• For county house of correction inmates, separate furlough procedures apply under 103 CMR 952.00.
• A prisoner on furlough remains in the constructive custody of the correctional facility.

Emergency vs. Planned Furlough

• Emergency escorted trips under M.G.L. c. 127, 90B cover critical illness or death of immediate family members and may be processed on an expedited basis. Contact the facility directly.
• Planned furloughs (reintegration, medical services, social services) require advance application through DOC's furlough review process per 103 CMR 463.00.
• Massachusetts imposes strict limits: 14 days maximum per calendar year and 7 days maximum at any one time.

Key Procedural Considerations

• The inmate may not leave the Commonwealth on furlough under any circumstances.
• The furlough program was significantly restricted after the 1988 Willie Horton case; current eligibility criteria are narrower than the statutory text suggests. Verify current DOC administrative policy.
• 103 CMR 463.00 may impose additional eligibility requirements beyond the statute, including minimum time served, classification level, and offense-type exclusions.
• Violation of furlough terms means the prisoner has removed themselves from custody and may be prosecuted for escape under M.G.L. c. 268, 16.
• Victim notification requirements may apply under M.G.L. c. 258B.