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. Mississippi Practice Notes

Caption

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

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

☐ Family Emergency — Serious illness of immediate family member
☐ Bereavement — Death of immediate family member
☐ Medical Treatment — Not available at current facility
☐ Community Transition / Pre-Release Planning
☐ Employment Interview / Vocational Training
☐ Educational Program
☐ Rehabilitative Purpose
☐ Other: [________________________________]

Specific Facts Supporting This Request

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

Requested Furlough Period

STATUTORY AUTHORITY

Miss. Code Ann. 47-5-171 — Furlough Programs (REPEALED)

NOTE: Miss. Code Ann. § 47-5-171 has been repealed. The statutory furlough program previously authorized under this section no longer exists. Furlough authority in Mississippi now derives from the MDOC Commissioner's administrative discretion and earned-time provisions under Miss. Code Ann. § 47-5-138. Practitioners should consult current MDOC administrative policies and regulations (29 Miss. Code R. 201 et seq.) for applicable furlough procedures and eligibility criteria.

Miss. Code Ann. 47-5-138 — Earned Time Allowances

The department may promulgate rules and regulations for an Earned-Time Allowance Program based on good conduct and performance. Eligible inmates may receive earned-time allowances of one-half of the period of confinement imposed. This provision intersects with furlough eligibility as inmates with good conduct records may be more readily considered for temporary release.

Miss. Code Ann. 47-7-3 — Probation and Parole

Establishes probation and parole eligibility criteria that may intersect with furlough and temporary release considerations, including the role of the Parole Board.

29 Miss. Code R. 201 — MDOC Administrative Regulations

MDOC administrative regulations govern furlough program procedures, eligibility, application, conditions, and supervision.

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 / State of Mississippi
☐ 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 if required
☐ Additional condition: [________________________________]
☐ Additional condition: [________________________________]

Sponsor/Responsible Party Information

RISK ASSESSMENT

Factors Demonstrating Low Risk to Public Safety

1. Custody Classification: [________________________________]
2. Institutional Conduct: [________________________________]
3. Time Served: [________________________________]
4. Nature of Underlying Offense: [________________________________]
5. Disciplinary History: [________________________________]
6. Program Participation: [________________________________]
7. Community and Family Ties: [________________________________]
8. Earned-Time Credits: [________________________________]
9. Prior Furlough History: [________________________________]

MDOC 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 MISSISSIPPI

Cause 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 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 MDOC.
5. The Commissioner of the Mississippi Department of Corrections is respectfully requested to facilitate this furlough in accordance with applicable statutes and MDOC regulations.
6. Failure to return timely or comply with conditions may constitute escape under Miss. Code Ann. 97-9-45.

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:

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

Mississippi Department of Corrections:
[________________________________]
[________________________________]

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

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

MISSISSIPPI PRACTICE NOTES

Court vs. MDOC Authority

• In Mississippi, furlough programs are administered by the Mississippi Department of Corrections (MDOC) under the authority of the Commissioner. Furlough is an administrative function, not a judicial one.
• Courts may recommend furlough, but MDOC retains ultimate discretionary authority over the decision.
• The Mississippi Parole Board has separate authority over parole decisions under Miss. Code Ann. 47-7-3 et seq., which may intersect with furlough eligibility.

Emergency vs. Planned Furlough

• Emergency furloughs (critical illness, death of immediate family) may be processed through the facility superintendent on an expedited basis. Contact the facility directly while filing this motion.
• Planned furloughs (reintegration, employment, education) require advance application through MDOC's standard review process.
• MDOC regulations (29 Miss. Code R. 201 et seq.) govern specific procedures and eligibility criteria.

Key Procedural Considerations

• Good conduct and earned-time credits under Miss. Code Ann. 47-5-138 are relevant to furlough eligibility; inmates with good disciplinary records are more favorably considered.
• Certain offenses may be statutorily excluded from furlough eligibility; verify MDOC policy for the specific offense of conviction.
• Violation of furlough conditions may constitute escape under Miss. Code Ann. 97-9-45.
• Forfeiture of earned time for furlough violations is at the Commissioner's discretion under Miss. Code Ann. 47-5-138.
• Mississippi uses circuit courts as the trial-level court for felony matters; file in the county of original sentencing.
• Victim notification requirements may apply under Miss. Code Ann. 99-43-1 et seq.