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. Missouri Practice Notes

Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY
STATE OF MISSOURI

DEFENDANT/INMATE INFORMATION

GROUNDS FOR FURLOUGH

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

Type of Furlough Requested

☐ Visit Ill Relative (RSMo 217.425)
☐ Attend Funeral of Relative (RSMo 217.425)
☐ Obtain Medical Services Not Otherwise Available (RSMo 217.425)
☐ Contact Prospective Employers (RSMo 217.425)
☐ Participate in Approved Rehabilitation Program (RSMo 217.425)
☐ Community Release Program — Extended Duration (RSMo 217.425)
☐ Emergency Medical Services (RSMo 217.425)
☐ Other Designated Purpose: [________________________________]

Compliance with Statutory Limits

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

RSMo 217.425 — Furlough of Prisoners

The Director may extend the limits of the place of confinement of an offender who, the Director has reasonable cause to believe, will honor his trust, by authorizing the offender, under prescribed conditions, to visit specifically designated places within the state for a period not to exceed thirty days per year and to return to the custody of the department. The authority may be exercised to permit the offender to:

1. Visit a relative who is ill;
2. Attend the funeral of a relative;
3. Obtain medical services not otherwise available;
4. Contact prospective employers; and
5. Participate in approved rehabilitation programs.

If the offender is enrolled in a community release program or in need of emergency medical services, the thirty-day per annum limitation may be extended at the Director's discretion.

Notification Requirements (RSMo 217.425)

A copy of any order of the Director shall be sent to the circuit judge, sheriff, and prosecuting attorney of the county (or circuit attorney of any city not within a county) from which the offender was sentenced and the county of the proposed visit at least ten days in advance, except in the case of an order permitting attendance at a funeral or for an emergency medical furlough.

RSMo 217.430 — Furlough Conditions and Violations

Establishes the conditions that may be imposed on furloughed offenders and the consequences of violation, including revocation and potential prosecution.

14 CSR 20-28 — Division of Adult Institutions Furlough Regulations

Missouri administrative regulations provide detailed procedures for furlough applications, eligibility, conditions, and supervision.

Additional Authority

[________________________________]

PROPOSED CONDITIONS OF FURLOUGH

The Defendant proposes the following conditions during the furlough period:

☐ Remain within the State of Missouri at all times
☐ Visit only the specifically designated place(s): [________________________________]
☐ Remain at the designated destination address unless otherwise authorized
☐ Report to [________________________________] upon arrival at destination
☐ Maintain telephone contact with MO 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

Reasonable Cause to Believe Offender Will Honor Trust

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. ORAS/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

IN THE CIRCUIT COURT OF [________________________________] COUNTY
STATE OF MISSOURI

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, [________________________________], MO DOC No. [________________________________], is authorized a furlough from [________________________________] (facility).
3. The furlough shall commence on [__/__/____] and terminate on [__/__/____], not to exceed thirty (30) days in the current calendar year (unless an exception applies under RSMo 217.425).
4. The Defendant shall visit only the specifically designated places within the State of Missouri as identified in the motion.
5. The Defendant shall comply with all conditions and any additional conditions imposed by DOC.
6. The Director of the Missouri Department of Corrections is respectfully requested to facilitate this furlough in accordance with RSMo 217.425.
7. The Director shall provide notification to the circuit judge, sheriff, and prosecuting attorney as required by RSMo 217.425.
8. Failure to return timely or comply with conditions may constitute escape under RSMo 575.200 et seq.

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

_______________________________________________
Judge, Circuit Court of [________________________________] 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:
(or Circuit Attorney for the City of St. Louis)
[________________________________]
[________________________________]

Missouri Department of Corrections:
[________________________________]
[________________________________]

Sheriff of [________________________________] County:
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, first class, postage prepaid
☐ By electronic filing (Show-Me Courts)
☐ By facsimile

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

MISSOURI PRACTICE NOTES

Court vs. DOC Authority

• In Missouri, furlough authority rests with the Director of the Department of Corrections under RSMo 217.425. The Director must have "reasonable cause to believe" the offender will "honor his trust."
• Courts may recommend furlough, but the Director retains ultimate discretionary authority.
• The Director's furlough order must be sent to the circuit judge, sheriff, and prosecuting attorney at least 10 days in advance, except for funeral attendance or emergency medical furlough.

Emergency vs. Planned Furlough

• Emergency furloughs (funeral of relative, emergency medical services) are exempt from the 10-day advance notification requirement. Contact the facility directly while filing this motion.
• Planned furloughs (ill relative visits, employer contacts, rehabilitation programs) require advance planning and the full 10-day notification period.
• Community release program enrollees and inmates needing emergency medical services may exceed the 30-day annual limit at the Director's discretion.

Key Procedural Considerations

• The annual furlough limit is 30 days per year, extendable for community release and emergency medical purposes.
• Furloughs are limited to specifically designated places within the State of Missouri.
• The "honor his trust" standard requires demonstration of trustworthiness through institutional conduct and behavioral history.
• The 10-day advance notification to the circuit judge, sheriff, and prosecuting attorney (of both sentencing county and destination county) is a statutory requirement (RSMo 217.425).
• For offenders from the City of St. Louis, notification goes to the circuit attorney rather than a county prosecuting attorney.
• Violation of furlough conditions may constitute escape under RSMo 575.200 et seq.
• RSMo 217.430 governs furlough conditions and the consequences of violations.
• Missouri uses the Show-Me Courts electronic filing system; verify availability in the specific circuit.