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. Maine Practice Notes

Caption

STATE OF MAINE
[________________________________] COUNTY
SUPERIOR COURT

DEFENDANT/INMATE INFORMATION

GROUNDS FOR FURLOUGH

COMES NOW the Defendant, [________________________________], by and through counsel, [________________________________], and respectfully moves this Court for an Order recommending a furlough from [________________________________] (facility name) for the following reasons:

Type of Furlough Requested

☐ Employment / Training (34-A M.R.S.A. 3035)
☐ Medical Treatment Not Available at Facility
☐ Family Emergency — Serious illness of immediate family member
☐ Bereavement — Death of immediate family member
☐ Community Reintegration / Pre-Release Planning
☐ Educational Program
☐ Other Rehabilitative Purpose: [________________________________]

50% Sentence Requirement Compliance

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

34-A M.R.S.A. 3035 — Rehabilitative Programs; Furloughs

The Commissioner may adopt, implement, and establish rules for rehabilitative programs, including work release, furlough, and restitution, as authorized by Title 17-A, Chapter 69. The chief administrative officer may permit any client under sentence to participate in activities outside the facility. No furlough may be granted until the client has served 50% of the original sentence imposed, after consideration of any deductions received and retained.

Law Enforcement Notification Requirement

A prisoner may not participate in a furlough unless, in advance of the chief administrative officer's consideration of the request, the department notifies the district attorney for the district in which the prisoner will reside and the sheriff for the county in which the prisoner will reside.

17-A M.R.S.A. Chapter 69 — Work Release, Furlough, and Restitution

Provides the statutory framework authorizing rehabilitative programs including furlough within the Maine Criminal Code.

30-A M.R.S.A. 1556 — County Jail Furloughs

Governs furlough for inmates confined in county jails, with authority vested in the sheriff or jail administrator.

Interference with Furlough — Criminal Penalty

Under 34-A M.R.S.A. 3035, a person 17 years or older who willfully obstructs, intimidates, or abets any client participating in a furlough, thereby contributing to or causing the client to violate furlough terms, is guilty of interference with a rehabilitative program or furlough.

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
☐ Report to [________________________________] upon arrival at destination
☐ Maintain telephone contact with Maine DOC 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 Maine
☐ Not associate with persons with active warrants or criminal records
☐ Return to [________________________________] (facility) by [__/__/____] at [____:____] [AM/PM]
☐ Submit to electronic monitoring if required
☐ Additional condition: [________________________________]
☐ Additional condition: [________________________________]

Sponsor/Responsible Party Information

RISK ASSESSMENT

Factors Demonstrating "Worthy of Trust"

1. Security Classification: [________________________________]
2. Institutional Conduct: [________________________________]
3. 50% Sentence Served: [________________________________]
4. Nature of Underlying Offense: [________________________________]
5. Disciplinary History: [________________________________]
6. Program Participation: [________________________________]
7. Community and Family Ties: [________________________________]
8. Prior Furlough History: [________________________________]

DOC 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

STATE OF MAINE
[________________________________] COUNTY, SUPERIOR COURT

Docket No.: [________________________________]

ORDER ON MOTION FOR FURLOUGH

THIS MATTER having come before the Court on Defendant's Motion for Furlough, and the Court being satisfied that the request is supported:

IT IS HEREBY ORDERED:

1. The Motion for Furlough is GRANTED.
2. The Defendant, [________________________________], Maine DOC 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 DOC.
5. The Commissioner of Corrections is respectfully requested to facilitate this furlough in accordance with 34-A M.R.S.A. 3035 and applicable rules.
6. The Department shall ensure the required notifications to the district attorney and sheriff have been made prior to furlough commencement.
7. Failure to return timely or comply with conditions may constitute escape under 17-A M.R.S.A. 755.

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

_______________________________________________
Justice, Superior 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:
[________________________________]
[________________________________]
[________________________________]

Maine Department of Corrections:
[________________________________]
[________________________________]
[________________________________]

Sheriff of [________________________________] County:
[________________________________]

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

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

MAINE PRACTICE NOTES

Court vs. DOC Authority

• In Maine, furlough authority rests with the Commissioner of Corrections and the chief administrative officer of the facility under 34-A M.R.S.A. 3035.
• Courts may recommend furlough but cannot compel DOC to grant one.
• For county jail inmates, the sheriff or jail administrator has separate furlough authority under 30-A M.R.S.A. 1556.

Emergency vs. Planned Furlough

• Emergency furloughs (critical illness, death) may be processed through the facility on an expedited basis, but the law enforcement notification requirement still applies unless waived by the district attorney and sheriff.
• Planned furloughs (employment, training, reintegration) require the 50% sentence threshold to be met and advance notification to law enforcement.
• The law enforcement notification requirement is mandatory: the department must notify the district attorney and sheriff of the county where the prisoner will reside before the chief administrative officer even considers the request.

Key Procedural Considerations

• 50% sentence requirement: No furlough may be granted until the client has served 50% of the original sentence after applicable deductions. This is a strict prerequisite.
• Trustworthiness standard: The client must be "considered to be worthy of trust" by the chief administrative officer.
• Interference with furlough is a criminal offense under 34-A M.R.S.A. 3035; persons who obstruct or cause a client to violate furlough terms may be prosecuted.
• Violation of furlough terms may constitute escape under 17-A M.R.S.A. 755.
• The term "client" is used in Maine corrections law to refer to inmates/prisoners.