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. Maryland Practice Notes

Caption

IN THE CIRCUIT COURT FOR [________________________________] COUNTY
STATE OF MARYLAND

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 or temporary release from [________________________________] (facility name) for the following reasons:

Type of Furlough Requested

☐ Medical Treatment — Not available at current facility
☐ Family Emergency — Serious illness of immediate family member
☐ Bereavement — Death of immediate family member
☐ Community Transition / Pre-Release Planning
☐ Employment Interview / Vocational Training
☐ Educational Program
☐ Religious or Humanitarian Purpose
☐ Home Detention Program (Md. Code, Corr. Servs. 6-108, if applicable)
☐ Other: [________________________________]

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

Md. Code, Corr. Servs. Title 9 — Incarcerated Individuals

Title 9 of the Correctional Services Article governs the treatment and programs available to incarcerated individuals in the state and local correctional system, including provisions for temporary release, leave programs, and rehabilitative services.

COMAR 12.02.27 — Division of Correction: Leave and Furlough

The Code of Maryland Regulations (COMAR) Title 12.02.27 establishes detailed procedures for leave and furlough programs administered by the Division of Correction, including eligibility criteria, application procedures, approval authority, conditions of release, and supervision requirements.

Md. Code, Corr. Servs. 11-203 — County Facility Programs

For incarcerated individuals in local correctional facilities, this section addresses health, welfare, and programmatic services, including provisions for temporary release.

Md. Code, Corr. Servs. 6-108 — Home Detention Program (If Applicable)

The Division of Parole and Probation administers home detention programs that may serve as an alternative or complement to furlough for eligible individuals.

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 [________________________________] County / the State of Maryland
☐ Report to [________________________________] upon arrival at destination
☐ Maintain telephone contact with DPSCS 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 / GPS monitoring if required
☐ Comply with all COMAR 12.02.27 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 Leave/Furlough History: [________________________________]
9. Diminution Credits Earned: [________________________________]

DPSCS 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 CIRCUIT COURT FOR [________________________________] COUNTY
STATE OF MARYLAND

Case No.: [________________________________]

ORDER ON MOTION FOR FURLOUGH

THIS MATTER having come before the Court on Defendant's Motion for Furlough, and 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, [________________________________], DPSCS No. [________________________________], is authorized a furlough from [________________________________] (facility).
3. The furlough shall commence on [__/__/____] and terminate on [__/__/____].
4. The Defendant shall comply with all conditions and any additional conditions imposed by DPSCS.
5. The Secretary of Public Safety and Correctional Services is respectfully requested to facilitate this furlough in accordance with the Correctional Services Article and COMAR 12.02.27.
6. Failure to return timely or comply with conditions may constitute escape under Md. Code, Crim. Law 9-404 et seq.

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

_______________________________________________
Judge, Circuit Court for [________________________________] 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:

State's Attorney for [________________________________] County:
[________________________________]
[________________________________]

Department of Public Safety and Correctional Services:
[________________________________]
[________________________________]

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

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

MARYLAND PRACTICE NOTES

Court vs. DPSCS Authority

• In Maryland, furlough and temporary release programs are administered by the Department of Public Safety and Correctional Services (DPSCS) under the Correctional Services Article and COMAR 12.02.27.
• Courts may recommend furlough, but DPSCS retains ultimate discretionary authority.
• For local correctional facilities, the facility administrator has separate leave/furlough authority under applicable local regulations.
• Maryland uses the Maryland Electronic Courts (MDEC) system for electronic filing in most jurisdictions.

Emergency vs. Planned Furlough

• Emergency furloughs (critical illness, death of immediate family) may be processed on an expedited basis through the facility warden. Contact the facility directly while filing this motion.
• Planned furloughs (reintegration, employment, education) require advance application through DPSCS's standard review process per COMAR 12.02.27. Allow adequate processing time.
• Home detention under Md. Code, Corr. Servs. 6-108 is a separate program administered by the Division of Parole and Probation and may be an alternative to traditional furlough for eligible individuals.

Key Procedural Considerations

• DPSCS uses a security classification system; lower classifications generally correlate with greater furlough eligibility.
• Diminution credits and earned compliance credits may factor into release and furlough decisions.
• Violation of furlough conditions may constitute escape under Md. Code, Crim. Law 9-404 et seq.
• Maryland has been transitioning terminology from "inmate/prisoner" to "incarcerated individual" in statutory language; use current terminology in filings.
• The Maryland Parole Commission may have input on furlough decisions for parole-eligible individuals.
• Victim notification requirements may apply under Md. Code, Crim. Proc. 11-104.