Motion for Furlough - Maine

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

The 50% threshold does not apply to a furlough to visit a dying relative, attend a relative's funeral, or obtain medically required services. See 34-A M.R.S. § 3035(2)(B)-(C), (5).

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

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

The Commissioner may adopt rules for rehabilitative programs, including work release, education release, remote work, furlough, public service release, and programs resulting in restitution under 17-A M.R.S. § 2016. The Commissioner may grant a furlough subject to Department rules. A nonmedical furlough may not exceed ten days at one time and may be granted for a visit to a dying relative, attendance at a relative's funeral, contact with prospective employers, or another reason consistent with rehabilitation. A medically required furlough may last longer than ten days. Except for the dying-relative, funeral, and medically required furloughs described in § 3035(2)(B)-(C), the client must first serve 50% of the original sentence after the deductions specified in § 3035(5).

Law Enforcement Notification Requirement

A prisoner may not participate in a furlough unless, before the request is considered, the Department notifies the district attorney for the district where the prisoner will reside, the county sheriff, the chief of police of any municipality where the prisoner will reside, the Department of Public Safety, and the district attorney for the district of the underlying commitment. If the request is granted, the Department must notify those recipients again. An emergency furlough may proceed without prior notice only if notice is given as soon as practicable. See 34-A M.R.S. § 3035(6).

17-A M.R.S. § 2016 — Work Program Release; Restitution

Requires a prisoner participating in a money-generating Department or sheriff work program to consent to specified restitution and fine payments. Furlough authority itself is in 34-A M.R.S. § 3035.

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. § 3035(4), a person 17 years or older commits interference with a rehabilitative program or furlough if, after the facility's chief administrative officer has warned the person to end the relationship or association, the person willfully obstructs, intimidates, or otherwise abets a client and thereby contributes to or causes a violation of program or furlough terms. The offense is a Class E crime, with imprisonment authorized for up to 11 months.

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, statutory authority to grant a Department furlough rests with the Commissioner of Corrections under 34-A M.R.S. § 3035(2).
• 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 may be granted without prior notification, but the Department must give the notifications required by § 3035(6) as soon as practicable.
• Planned furloughs (employment, training, reintegration) require the 50% sentence threshold to be met and advance notification to all recipients listed in § 3035(6).
• The law enforcement notification requirement is mandatory: before consideration, the Department must notify the residence-district attorney, county sheriff, municipal police chief, Department of Public Safety, and commitment-district attorney, and it must notify them again if furlough is granted. A party's certificate of service does not replace the Department's statutory notices.

Key Procedural Considerations

• 50% sentence requirement: The threshold is a prerequisite except for furloughs to visit a dying relative, attend a relative's funeral, or obtain medically required services under § 3035(2)(B)-(C).
• Trustworthiness wording: Section 3035(1) expressly applies the "worthy of trust" standard to work, education, remote-work, and public-service release. Subsection 2 does not repeat that phrase as an express furlough condition.
• 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.