Motion for Furlough

MOTION FOR FURLOUGH / TEMPORARY RELEASE

TABLE OF CONTENTS

1. Caption
2. Defendant / Inmate Information
3. Grounds for Furlough
4. Statutory Authority
5. Proposed Conditions of Release
6. Risk Assessment
7. Supporting Documentation
8. Proposed Order
9. Certificate of Service
10. Montana Practice Notes

1. CAPTION

IN THE [____] JUDICIAL DISTRICT COURT
[________________________________] COUNTY, MONTANA

MOTION FOR FURLOUGH / TEMPORARY RELEASE

2. DEFENDANT / INMATE INFORMATION

3. GROUNDS FOR FURLOUGH

COMES NOW the Defendant/Inmate, [________________________________], by and through counsel, [________________________________], and respectfully moves this Court (or the Board of Pardons and Parole) for an order granting furlough / temporary release on the following grounds:

Type of Furlough Requested

☐ Parole-Related Furlough (Mont. Admin. R. 20.25.506)
☐ Medical Parole / Medical Furlough (Mont. Code Ann. § 46-23-210)
☐ Work Release / Limited Release (Mont. Code Ann. § 46-18-701)
☐ Other Temporary Release: [________________________________]

Specific Grounds

[________________________________]
[________________________________]
[________________________________]

Duration Requested

4. STATUTORY AUTHORITY

A. Parole-Related Furlough

Under Mont. Admin. R. 20.25.506, the Board of Pardons and Parole may grant a furlough when a hearing panel has already granted parole. The furlough allows the offender to find employment, secure housing, or fulfill conditions imposed by the hearing panel.

B. Medical Parole

Under Mont. Code Ann. § 46-23-210, an inmate may be granted medical parole when the inmate:

• Has a terminal prognosis with a life expectancy of six (6) months or less; or
• Requires extensive medical care beyond the capacity of the correctional facility; and
• Presents a low risk to public safety.

C. Work Release / Limited Release

Under Mont. Code Ann. § 46-18-701, a court may authorize limited release for employment during specified hours, with the inmate returning to the facility at all other times.

D. Additional Authority

• Mont. Code Ann. § 46-23-203 (Parole conditions and procedures)
• Mont. Code Ann. §§ 46-23-215 through 46-23-218 (Parole supervision and revocation)
• Mont. Code Ann. §§ 46-18-702 through 46-18-705 (Work release conditions and earnings)

5. PROPOSED CONDITIONS OF RELEASE

The Defendant/Inmate proposes the following conditions during the furlough period:

☐ Remain within the State of Montana at all times
☐ Reside at the following approved address: [________________________________]
☐ Report to the following supervising officer: [________________________________]
☐ Maintain employment at: [________________________________]
☐ Submit to electronic monitoring / GPS tracking
☐ Submit to drug and alcohol testing
☐ Observe a curfew of [________________________________]
☐ Refrain from contact with the following persons: [________________________________]
☐ Surrender earnings to the Department of Corrections per Mont. Code Ann. § 46-18-702
☐ Comply with all standard parole conditions and special conditions imposed
☐ Other: [________________________________]

Proposed Residence / Placement

6. RISK ASSESSMENT

A. Institutional Conduct Record

[________________________________]
[________________________________]

☐ No disciplinary infractions during the past [____] months/years
☐ Disciplinary history attached as Exhibit [____]

B. Program Participation

[________________________________]
[________________________________]

C. Community Safety Assessment

The Defendant/Inmate presents a low risk to public safety because:

[________________________________]
[________________________________]
[________________________________]

D. Prior Release History

☐ No prior release violations
☐ Prior release history described: [________________________________]

7. SUPPORTING DOCUMENTATION

The following exhibits are attached in support of this Motion:

☐ Exhibit A: Medical records / physician's statement (if medical furlough)
☐ Exhibit B: Institutional conduct record
☐ Exhibit C: Program participation certificates
☐ Exhibit D: Employment verification / offer letter (if work release)
☐ Exhibit E: Proposed residence verification
☐ Exhibit F: Letters of support from family / community members
☐ Exhibit G: Risk assessment or classification report
☐ Exhibit H: Parole board decision (if parole-related furlough)
☐ Exhibit [____]: [________________________________]

8. PROPOSED ORDER

IN THE [____] JUDICIAL DISTRICT COURT
[________________________________] COUNTY, MONTANA

ORDER GRANTING FURLOUGH / TEMPORARY RELEASE

The Court, having considered the Motion for Furlough filed by Defendant/Inmate [________________________________], and good cause appearing:

IT IS HEREBY ORDERED that:

1. The Motion for Furlough is GRANTED.
2. The Defendant/Inmate is authorized for furlough / temporary release from [__/__/____] to [__/__/____].
3. The Defendant/Inmate shall remain in the legal custody of the Montana Department of Corrections during the furlough period.
4. The following conditions shall apply: [________________________________]
5. Failure to report or return as required may result in escape charges under Mont. Code Ann. § 45-7-306.

DATED this [____] day of [________________________________], [____].

___________________________________________
Judge, [____] Judicial District Court
[________________________________] County, Montana

9. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Furlough was served upon the following parties:

___________________________________________
[________________________________]
Attorney for Defendant/Inmate
Montana Bar No. [________________________________]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

10. MONTANA PRACTICE NOTES

1. Governing Body: The Board of Pardons and Parole grants furloughs tied to parole and medical parole. The Department of Corrections administers and retains legal custody. Courts order limited work-release for county jail sentences.

2. Parole-Related Furlough: Under Mont. Admin. R. 20.25.506, furloughs are available only after a hearing panel has already granted parole. Maximum duration is 10 days, extendable to 20 days.

3. Medical Parole Exclusions: Persons under sentence of death or life imprisonment without possibility of release are excluded from medical parole per § 46-23-210(1)(a). Persons ineligible for parole under § 46-18-202(2) require the sentencing judge's approval.

4. Escape Liability: Failure to report or return from furlough may result in escape charges under Mont. Code Ann. § 45-7-306.

5. Periodic Examinations: Medical parolees may be required to undergo periodic medical examinations at the parolee's expense.

6. Legal Custody: The offender remains in the legal custody of the Department of Corrections throughout the furlough period and is subject to all department rules and conditions.

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Montana furlough law and administrative rules are subject to change. Consult a licensed Montana attorney and verify all citations before filing.