Motion for Furlough - Maryland

MOTION FOR FURLOUGH

Maryland Route-Specific Motion and Administrative Request Packet

IMPORTANT ROUTE WARNING

The authorities listed in this packet do not create a general statewide power for a sentencing court to order an incarcerated individual released on furlough. Select only the route that matches the person's custody and statutory eligibility:

• Part A is an administrative weekend-leave request for a Division of Correction participant who satisfies Md. Code, Corr. Servs. § 3-802. It is not a court motion.
• Part B is an administrative compassionate-leave request available only in Dorchester, Kent, or Wicomico County under the county-specific provisions identified below. The warden, designee, or Director—not the court—authorizes that leave.
• Part C is a court motion only for participation in an established Dorchester, Kent, or Wicomico County program under §§ 11-711(e), 11-716(e), or 11-724(e). Those programs are not compassionate-leave statutes.
• Part D identifies separate medical-removal and parole-or-mandatory-supervision home-detention routes. Neither is a generic court-ordered furlough.

Do not combine routes or file a generic furlough motion unless reviewing counsel identifies separate current authority that applies to the particular facility, sentence, and requested relief.

ROUTE SELECTION

☐ Part A — State weekend leave: The individual is in Division custody, has participated in the Division work-release program for at least two months, and has or seeks the direct Division supervisor's recommendation.

☐ Part B — Local compassionate leave: The individual is committed to the Dorchester County Department of Corrections, Kent County Detention Center, or Wicomico County Department of Corrections and seeks a qualifying immediate-family visit, viewing, or funeral.

☐ Part C — Local program participation: The individual is sentenced to the custody of the responsible Dorchester, Kent, or Wicomico official, has no other charges pending in any jurisdiction, and seeks a program that the county has established.

☐ Part D — Separate alternative: The request concerns guarded medical removal under § 9-602 or home detention for a person on parole or mandatory supervision under §§ 6-101(i) and 6-108.

Selected route and authority: [________________________________]

COMMON IDENTIFYING INFORMATION

PART A — ADMINISTRATIVE REQUEST FOR STATE WEEKEND LEAVE

TO: Commissioner of Correction or Designee

THROUGH: Warden and Direct Division Work-Release Supervisor

RE: [NAME], SID/DPSCS No. [________________________________]

Under Md. Code, Corr. Servs. §§ 3-801 and 3-802, the undersigned requests consideration of weekend leave. This request is administrative and is not directed to the sentencing court.

A.1 Statutory Eligibility Record

1. The individual is sentenced to the jurisdiction of the Division of Correction and participates in a work-release program established under § 3-801: ☐ Yes ☐ No
2. Work-release participation began on [__/__/____]. As of the requested leave, participation will have continued for at least two months: ☐ Yes ☐ No
3. Direct Division supervisor: [________________________________]
4. The direct Division supervisor recommends weekend leave as required by § 3-802(a)(2): ☐ Yes ☐ No ☐ Recommendation attached
5. Current work-release plan and material conditions: [________________________________]

A.2 Requested Weekend and Destination

Section 3-802(c) permits weekend leave no earlier than 6:00 p.m. Friday and no later than 6:00 p.m. the immediately following Sunday.

A.3 Supporting Information and Proposed Terms

[________________________________]

[________________________________]

The Commissioner may determine whether to authorize leave and may establish its terms and conditions under § 3-802(b). A waiver of the right to contest extradition proceedings may be included as a condition; this form does not assume that any particular waiver or condition has been imposed.

☐ Work-release plan attached

☐ Supervisor recommendation attached

☐ Destination verification attached

☐ Transportation information attached

☐ Other: [________________________________]

Submitted by: [________________________________]

Role: [INCARCERATED INDIVIDUAL / COUNSEL / OTHER]

Date: [__/__/____]

Signature: _______________________________________________

Section 3-803(b) provides that knowingly failing to return to the designated place of confinement at the designated time is escape subject to Md. Code, Crim. Law § 9-404.

PART B — ADMINISTRATIVE REQUEST FOR LOCAL COMPASSIONATE LEAVE

TO: [WARDEN / WARDEN'S DESIGNEE / DIRECTOR / DIRECTOR'S DESIGNEE]

FACILITY: [________________________________]

RE: [NAME], Identification No. [________________________________]

B.1 County and Authority

Select exactly one:

☐ Dorchester County: Md. Code, Corr. Servs. § 11-711(i); the warden or designee may authorize qualifying compassionate leave.

☐ Kent County: Md. Code, Corr. Servs. § 11-716(k); the warden or designee may authorize qualifying compassionate leave.

☐ Wicomico County: Md. Code, Corr. Servs. § 11-724(i); the Director or designee may authorize qualifying compassionate leave.

☐ None of these counties. Stop and identify other current authority before using this Part.

B.2 Qualifying Purpose

☐ Visit a seriously ill member of the individual's immediate family.

☐ Attend the viewing of a member of the individual's immediate family.

☐ Attend the funeral of a member of the individual's immediate family.

Family member and relationship: [________________________________]

Facts supporting the selected purpose:

[________________________________]

[________________________________]

B.3 Requested Leave Details

☐ Medical verification attached

☐ Viewing or funeral information attached

☐ Relationship documentation attached

☐ Transportation information attached

☐ Other: [________________________________]

The applicable county provision permits the facility authority to require reimbursement of expenses incurred in granting compassionate leave. Conditions and consequences must be confirmed against the selected county provision, § 11-726, and current facility rules before submission.

Submitted by: [________________________________]

Role: [________________________________]

Date: [__/__/____]

Signature: _______________________________________________

PART C — COURT MOTION FOR PARTICIPATION IN AN ESTABLISHED LOCAL PROGRAM

Use this Part only for Dorchester, Kent, or Wicomico County. It requests participation in an established local program; it does not ask the court to grant compassionate leave.

C.1 Caption

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

C.2 Motion

The Defendant, by counsel, moves for permission to participate in an established local program under the authority selected below:

☐ Dorchester County — § 11-711(e)

☐ Kent County — § 11-716(e)

☐ Wicomico County — § 11-724(e)

The selected section permits the court, at sentencing or during confinement, to allow participation if the individual is sentenced to the custody of the official identified in that section and has no other charges pending in any jurisdiction.

C.3 Required and Program-Specific Facts

1. The Defendant is sentenced to the custody of [DORCHESTER WARDEN / KENT WARDEN / WICOMICO DIRECTOR]: ☐ Yes ☐ No
2. The Defendant has no other charges pending in any jurisdiction: ☐ Yes ☐ No
3. The county has established the selected program under the applicable section: ☐ Yes ☐ No ☐ Written confirmation attached
4. Program requested:
   - ☐ Community service
   - ☐ Home detention
   - ☐ Pretrial release
   - ☐ Work release
5. Proposed start date: [__/__/____]
6. Program administrator and contact information: [________________________________]
7. Eligibility determination or recommendation from the responsible facility: [________________________________]

C.4 Supporting Facts

[________________________________]

[________________________________]

[________________________________]

C.5 Requested Relief

The Defendant asks the Court to:

1. find that the Defendant satisfies the two statutory conditions identified above;
2. allow the Defendant to participate in the established [PROGRAM] under [SECTION];
3. impose only conditions consistent with the applicable statute and current county regulations; and
4. grant other relief supported by separately identified authority.

Respectfully submitted,

_______________________________________

[ATTORNEY NAME], CPF No. [________________________________]

[ADDRESS]

[TELEPHONE]

[EMAIL]

Counsel for Defendant

C.6 Proposed Order

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

ORDER ON MOTION FOR LOCAL PROGRAM PARTICIPATION

Upon consideration of the Motion and the record, it is this [____] day of [________________], [________], by the Circuit Court for [________________________________] County, Maryland:

☐ ORDERED that the Motion is denied.

☐ ORDERED that, under Md. Code, Corr. Servs. § [11-711(e) / 11-716(e) / 11-724(e)], the Defendant may participate in the established [PROGRAM], subject to the applicable county regulations and these conditions:

[________________________________]

[________________________________]

_______________________________________

Judge

C.7 Certificate of Service

I certify that on [__/__/____], I served this Motion and its attachments on the following persons by [METHOD AUTHORIZED FOR THIS CASE]:

• State's Attorney: [NAME / ADDRESS / EMAIL]
• Responsible county correctional official: [NAME / ADDRESS / EMAIL]
• Other: [________________________________]

_______________________________________

[ATTORNEY NAME]

PART D — SEPARATE ALTERNATIVES

D.1 Guarded Temporary Medical Removal

Md. Code, Corr. Servs. § 9-602 applies when the Division of Correction determines that an incarcerated individual is ill and the correctional facility is inadequate to treat the illness. The Division may direct temporary removal to an adequate treatment facility. The removal remains under correctional supervision and safeguards, and the individual must be returned when health allows. This is not unescorted furlough authority.

Medical facts and requested administrative action:

[________________________________]

[________________________________]

D.2 Home Detention for a Person on Parole or Mandatory Supervision

For Md. Code, Corr. Servs. subtitle 6, an “offender” is an individual on parole or under mandatory supervision. Sections 6-101(i) and 6-108 place the home-detention program with the Division of Parole and Probation, subject to the statutory roles of the Secretary, Director, and Maryland Parole Commission. This is not authority for a court to release a currently incarcerated person on furlough.

Supervision status and agency contact:

[________________________________]

REVIEW CHECKLIST

• ☐ Confirm the person's actual custodian, facility, sentence, and supervision status.
• ☐ Select one statutory route and remove all unused Parts before submission.
• ☐ For Part A, confirm two months of work-release participation and obtain the direct supervisor's recommendation.
• ☐ For Part B, confirm the county, qualifying immediate-family event, authorizing official, facility rules, expenses, and conditions.
• ☐ For Part C, confirm that the county has established the selected program, the person is sentenced to the correct official's custody, and no charges are pending anywhere.
• ☐ Do not convert § 9-602 medical removal or § 6-108 home detention into a generic furlough request.
• ☐ Confirm filing, service, signature, and proposed-order requirements with current court and facility procedures.
• ☐ Have Maryland counsel review the final document and every attachment.

SOURCES AND REFERENCES

• Maryland Code, Correctional Services § 3-801
• Maryland Code, Correctional Services § 3-802
• Maryland Code, Correctional Services § 3-803
• Maryland Code, Correctional Services § 11-711
• Maryland Code, Correctional Services § 11-716
• Maryland Code, Correctional Services § 11-724
• Maryland Code, Correctional Services § 11-726
• Maryland Code, Correctional Services § 9-602
• Maryland Code, Correctional Services § 6-101
• Maryland Code, Correctional Services § 6-108
• Maryland Code, Criminal Law § 9-404