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. Minnesota Practice Notes

Caption

STATE OF MINNESOTA
COUNTY OF [________________________________]
[________________________________] JUDICIAL DISTRICT
DISTRICT 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

☐ Family Needs (Minn. Stat. 244.07)
☐ Personal Health Needs (Minn. Stat. 244.07)
☐ Reintegration Into Society (Minn. Stat. 244.07)
☐ Family Emergency — Serious illness of immediate family member
☐ Bereavement — Death of immediate family member
☐ Employment or Vocational Planning
☐ Educational Program
☐ Other Purpose Consistent with Public Interest: [________________________________]

Compliance with Statutory Limits

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

Minn. Stat. 244.07 — Furloughs

If consistent with the public interest, the Commissioner of Corrections may, under rules prescribed by the commissioner, furlough any inmate in custody to any point within the state for up to five days. A furlough may be granted to assist the inmate with family needs, personal health needs, or reintegration into society. No inmate may receive more than three furloughs within any 12-month period.

Minn. Stat. 244.065 — Conditional Release

When consistent with the public interest and public safety, the Commissioner may conditionally release an inmate to work at paid employment, seek employment, or participate in vocational training or educational programs, if the inmate has served at least one-half of the term of imprisonment.

Minn. Stat. 241.26 — Employment of Inmates

Provides authority for inmate employment programs that may intersect with furlough and conditional release.

Minn. Stat. 631.425 — Work Release

Authorizes work release for sentenced persons, providing an additional framework for temporary community access.

Additional Authority

[________________________________]

PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the furlough period:

☐ Remain within the State of Minnesota at all times
☐ Remain at the designated destination address unless otherwise authorized
☐ Report to [________________________________] upon arrival at destination
☐ Maintain telephone contact with MN DOC 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 if required
☐ Additional condition: [________________________________]
☐ Additional condition: [________________________________]

Sponsor/Responsible Party Information

RISK ASSESSMENT

Consistency with Public Interest

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 Furlough History: [________________________________]
9. MnSTARR/Risk Assessment Score: [________________________________]

DOC 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

STATE OF MINNESOTA
COUNTY OF [________________________________], DISTRICT COURT
[________________________________] JUDICIAL DISTRICT

Court File 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, [________________________________], DOC No. [________________________________], is authorized a furlough from [________________________________] (facility).
3. The furlough shall commence on [__/__/____] and terminate on [__/__/____], not to exceed five (5) days.
4. The Defendant shall remain within the State of Minnesota at all times.
5. The Defendant shall comply with all conditions and any additional conditions imposed by DOC.
6. The Commissioner of Corrections is respectfully requested to facilitate this furlough in accordance with Minn. Stat. 244.07 and applicable rules.
7. Failure to return timely or comply with conditions may constitute escape from custody under Minn. Stat. 609.485.

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

_______________________________________________
Judge, District Court, [________________________________] Judicial District

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:

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

Minnesota Department of Corrections:
[________________________________]
[________________________________]

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

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

MINNESOTA PRACTICE NOTES

Court vs. DOC Authority

• In Minnesota, furlough authority rests with the Commissioner of Corrections under Minn. Stat. 244.07. The Commissioner may furlough under rules prescribed by the Commissioner.
• Courts may recommend furlough but cannot compel DOC to grant one.
• Conditional release under Minn. Stat. 244.065 (work release, employment, vocational training) is a separate program with a 50% sentence-served requirement.

Emergency vs. Planned Furlough

• Emergency furloughs (family crises, bereavements) may be processed through the facility on an expedited basis. Contact the facility directly while filing this motion.
• Planned furloughs (reintegration, health needs, family maintenance) require advance application through DOC's standard process.
• Minnesota imposes strict limits: 5 days maximum per furlough and 3 furloughs maximum within any 12-month period.
• Furloughs are limited to destinations within the State of Minnesota.

Key Procedural Considerations

• The "consistent with the public interest" standard under Minn. Stat. 244.07 requires demonstration that the furlough serves a legitimate purpose and does not endanger the community.
• Minnesota uses MnSTARR (Minnesota Screening Tool Assessing Recidivism Risk) for risk assessments; reference the inmate's score if available.
• Minnesota operates under a sentencing guidelines system; furlough intersects with supervised release and conditional release planning.
• Community Corrections Act counties (Minn. Stat. Chapter 401) may have separate local furlough procedures.
• Violation of furlough conditions may constitute escape from custody under Minn. Stat. 609.485.
• Victim notification requirements under Minn. Stat. 611A.06 may apply.