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. North Dakota Practice Notes

1. CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY
STATE OF NORTH DAKOTA
[________________________________] JUDICIAL DISTRICT

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 for an order granting or supporting furlough / temporary release on the following grounds:

Type of Release Requested

☐ Work Release (N.D.C.C. ch. 12-48.1)
☐ Education Release (N.D.C.C. ch. 12-48.1)
☐ Home Detention / Electronic Home Detention (N.D.C.C. §§ 12-44.1-18.1 to 12-44.1-18.2)
☐ Community Placement
☐ Medical Parole (N.D.C.C. § 12-59-08)
☐ Escorted Leave (funeral visit, emergency)
☐ Emergency Removal (N.D.C.C. § 12-44.1-19)

Specific Grounds

[________________________________]
[________________________________]
[________________________________]

Duration Requested

4. STATUTORY AUTHORITY

A. Work and Education Release (N.D.C.C. ch. 12-48.1)

The Department of Corrections and Rehabilitation (DOCR) may authorize work release and education release for eligible inmates who meet disciplinary and program compliance standards.

B. Home Detention / Electronic Monitoring (N.D.C.C. §§ 12-44.1-18.1 to 12-44.1-18.2)

Eligible inmates may be placed on home detention with electronic monitoring as an alternative to continued facility confinement.

C. Medical Parole (N.D.C.C. § 12-59-08)

The Parole Board may grant medical parole to inmates with serious or terminal medical conditions when continued incarceration serves no penological purpose.

D. Emergency Removal (N.D.C.C. § 12-44.1-19)

An inmate may be removed from a facility in an emergency, such as for urgent medical treatment.

E. 85% Sentencing Restrictions (N.D.C.C. § 12.1-32-09.1)

Inmates subject to 85% sentencing requirements face additional restrictions on eligibility for release programs.

5. PROPOSED CONDITIONS OF RELEASE

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

☐ Pay room and board costs (capped at $20/day or earnings)
☐ Sign Work and Education Release Agreement
☐ Report to supervising parole or work-release supervisor
☐ Comply with institutional programming requirements
☐ Maintain favorable institutional work and disciplinary record
☐ Submit to paycheck deductions for child support, fines, and restitution
☐ Reside at approved address: [________________________________]
☐ Maintain employment at: [________________________________]
☐ Attend educational program at: [________________________________]
☐ Submit to electronic monitoring
☐ Submit to drug and alcohol testing
☐ Observe curfew: [________________________________]
☐ Other: [________________________________]

Proposed Residence

Employer / Educational Program (if applicable)

6. RISK ASSESSMENT

A. Institutional Conduct Record

[________________________________]
[________________________________]

☐ No disciplinary infractions during the past [____] months/years
☐ Minimum 3 months served
☐ Disciplinary history attached as Exhibit [____]

B. Program Compliance

[________________________________]
[________________________________]

☐ Completed all required institutional programming
☐ Favorable institutional work record

C. Release Date Proximity

☐ Within 8 months of release date (work release)
☐ Within [____] months of release date

D. Community Safety Assessment

The Defendant/Inmate presents a low risk to the community because:

[________________________________]
[________________________________]
[________________________________]

E. Medical Assessment (if Medical Parole)

Diagnosis: [________________________________]
Prognosis: [________________________________]
Treating Physician: [________________________________]

☐ Serious medical condition
☐ Terminal condition

7. SUPPORTING DOCUMENTATION

The following exhibits are attached in support of this Motion:

☐ Exhibit A: Medical records / physician's statement (if medical parole)
☐ Exhibit B: Institutional conduct and disciplinary record
☐ Exhibit C: Program completion certificates
☐ Exhibit D: Employment verification / offer letter
☐ Exhibit E: Educational enrollment confirmation
☐ Exhibit F: Proposed residence verification
☐ Exhibit G: Letters of support from family / community members
☐ Exhibit H: Signed Work and Education Release Agreement
☐ Exhibit [____]: [________________________________]

8. PROPOSED ORDER

IN THE DISTRICT COURT OF [________________________________] COUNTY
STATE OF NORTH DAKOTA
[________________________________] JUDICIAL DISTRICT

ORDER ON MOTION FOR 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 / SUPPORTED.
2. The Defendant/Inmate is authorized for release from [__/__/____] to [__/__/____].
3. The Defendant/Inmate shall comply with all DOCR conditions and the Work and Education Release Agreement.
4. Room and board costs shall be paid as required (capped at $20/day).
5. The following additional conditions shall apply: [________________________________]

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

___________________________________________
District Judge
[________________________________] Judicial District
[________________________________] County, North Dakota

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
North Dakota Bar ID No. [________________________________]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

10. NORTH DAKOTA PRACTICE NOTES

1. Governing Bodies: The DOCR (Director and Wardens) and the North Dakota Parole Board have primary authority over furlough and release decisions.

2. Work Release Duration: DOCR policy limits work release to 180 days. Inmates must generally be within 8 months of their release date.

3. Education Release Duration: Limited to 9 months by DOCR policy.

4. Minimum Time Served: Inmates must typically have served a minimum of 3 months before eligibility.

5. 85% Sentencing Restrictions: Inmates subject to N.D.C.C. § 12.1-32-09.1 face additional restrictions.

6. Exclusions: Offenders sentenced to life without possibility of parole are excluded. Sex offender registrants, high-risk individuals, and those with armed-offender mandatory minimum sentences face additional restrictions.

7. Room and Board: Inmates on work release must pay room and board costs, capped at $20/day or the inmate's earnings.

8. Paycheck Deductions: Earnings are subject to deductions for child support, fines, and restitution.

9. Release Agreement: A signed Work and Education Release Agreement is required for participation.

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. North Dakota furlough statutes and DOCR policies are subject to change. Consult a licensed North Dakota attorney and verify all citations before filing.