Motion for Furlough

MOTION FOR FURLOUGH (EXTENSION OF CONFINEMENT LIMITS)

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. Michigan Practice Notes

Caption

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

DEFENDANT/INMATE INFORMATION

GROUNDS FOR FURLOUGH

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

Type of Furlough Requested

☐ Visit Critically Ill Relative (MCL 791.265a)
☐ Attendance at Funeral (MCL 791.265a)
☐ Contact Prospective Employers (MCL 791.265a)
☐ Medical or Surgical Treatment (MCL 791.265)
☐ Rehabilitative Program Participation
☐ Community Transition / Pre-Release Planning
☐ Educational or Vocational Program
☐ Other Designated Purpose: [________________________________]

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

MCL 791.265a — Extension of Limits of Confinement

Under prescribed conditions, the Director may extend the limits of confinement of a prisoner when there is reasonable assurance that the prisoner will not become a menace to society or to the public safety, by authorizing visits to specifically designated places for purposes including:

1. Visiting a critically ill relative;
2. Attending a funeral;
3. Contacting prospective employers; and
4. Other purposes consistent with the public interest.

MCL 791.265 — Transfer; Medical or Surgical Treatment

The assistant director in charge of the bureau of correctional facilities may cause the transfer of a prisoner temporarily to a state institution for medical or surgical treatment when such treatment is not available at the correctional facility.

MCL 791.265c — Conditions of Extended Limits

Establishes the framework for conditions that may be imposed when limits of confinement are extended, including supervision requirements and behavioral standards.

Additional Authority

[________________________________]

PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the extended limits of confinement:

☐ Remain at the designated destination address at all times unless otherwise authorized
☐ Remain within [________________________________] County / State of Michigan
☐ Report to [________________________________] upon arrival at destination
☐ Maintain telephone contact with MDOC 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 tether if required
☐ Be accompanied by MDOC custodial agent: [________________________________]
☐ Additional condition: [________________________________]
☐ Additional condition: [________________________________]

Sponsor/Responsible Party Information

RISK ASSESSMENT

Reasonable Assurance — Not a Menace to Society

1. Security Classification: [________________________________]
2. Institutional Conduct: [________________________________]
3. Time Served: [________________________________]
4. Nature of Underlying Offense: [________________________________]
5. Disciplinary History (Misconducts): [________________________________]
6. Program Participation: [________________________________]
7. Community and Family Ties: [________________________________]
8. Prior Furlough/Extended Limits History: [________________________________]
9. COMPAS/Risk Assessment Score: [________________________________]

MDOC Classification and 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 THE COUNTY OF [________________________________]
STATE OF MICHIGAN

Case 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, [________________________________], MDOC No. [________________________________], is authorized an extension of limits of confinement from [________________________________] (facility).
3. The extended limits shall commence on [__/__/____] and terminate on [__/__/____].
4. The Defendant shall comply with all conditions and any additional conditions imposed by MDOC.
5. The Director of the Michigan Department of Corrections is respectfully requested to facilitate this extension of confinement limits in accordance with MCL 791.265a.
6. Failure to return timely or comply with conditions may constitute prison escape under MCL 750.193 or MCL 750.197a.

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:

Prosecuting Attorney for [________________________________] County:
[________________________________]
[________________________________]

Michigan Department of Corrections:
[________________________________]
[________________________________]

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

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

MICHIGAN PRACTICE NOTES

Court vs. MDOC Authority

• In Michigan, the authority to extend limits of confinement (furlough) rests with the Director of the Michigan Department of Corrections under MCL 791.265a.
• Courts may recommend extension of limits, but MDOC retains ultimate discretionary authority.
• Michigan uses the terminology "extension of limits of confinement" rather than "furlough" in its statutory framework, though the practical effect is similar.
• Medical transfers under MCL 791.265 are a separate administrative process handled by the bureau of correctional facilities.

Emergency vs. Planned Furlough

• Emergency extensions (critically ill relative, funeral) may be processed through the facility warden on an expedited basis. Contact the facility directly while filing this motion.
• Planned extensions (employer contacts, programs, reintegration) require advance application through MDOC's standard review process.
• Medical transfers under MCL 791.265 for treatment not available at the facility follow a separate administrative pathway.

Key Procedural Considerations

• The "reasonable assurance" standard under MCL 791.265a requires evidence that the prisoner will not become a "menace to society or to the public safety."
• MDOC uses COMPAS (Correctional Offender Management Profiling for Alternative Sanctions) risk/needs assessments; reference scores in the motion.
• Michigan uses the MiFile electronic filing system; verify availability in the specific circuit.
• Violation of extended limits conditions may constitute prison escape under MCL 750.193 or MCL 750.197a.
• MDOC policy directives may impose additional eligibility requirements beyond the statutory framework.
• Prisoner Reentry Plans may be relevant to demonstrating the rehabilitative purpose of the furlough.