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. Nebraska Practice Notes

1. CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, NEBRASKA

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 supporting furlough / temporary release on the following grounds:

Type of Furlough Requested

☐ Personal Needs Furlough (up to 4 hours)
☐ Job-Seeking Furlough (up to 8 hours)
☐ Medical Furlough (up to 48 hours)
☐ Family / Compassionate Furlough (up to 48 hours)
☐ Programming / Educational Furlough
☐ Community Work Release Placement (Neb. Rev. Stat. § 47-1104)

Specific Grounds

[________________________________]
[________________________________]
[________________________________]

Duration Requested

4. STATUTORY AUTHORITY

A. Primary Authority

Under Neb. Rev. Stat. § 83-184, the Director of the Nebraska Department of Correctional Services (NDCS) is authorized to establish a furlough program permitting inmates to leave the facility for approved purposes under specified conditions.

B. Community Work Release

Under Neb. Rev. Stat. § 47-1104, eligible inmates may be placed at a community work release and reentry center for transitional programming and employment.

C. Duration Limitations by Type

D. Custody Requirements

• Personal Needs: Minimum B custody or Community A/B custody
• Job-Seeking: Community B custody
• Family Furlough: Within 12 months of release; approved sponsor required
• Medical: As determined by NDCS medical staff

5. PROPOSED CONDITIONS OF RELEASE

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

☐ Remain within the State of Nebraska at all times
☐ Follow approved itinerary as submitted to NDCS
☐ Reside at / report to: [________________________________]
☐ Approved sponsor: [________________________________]
☐ Sign furlough agreement
☐ Execute extradition waiver
☐ Submit to electronic monitoring (if required)
☐ Submit to drug and alcohol testing upon return
☐ Return to facility by designated time: [________________________________]
☐ Bear all personal expenses incurred during furlough
☐ Other: [________________________________]

Approved Sponsor Information

6. RISK ASSESSMENT

A. Institutional Conduct Record

[________________________________]
[________________________________]

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

B. Program Participation

[________________________________]
[________________________________]

C. Custody Classification

Current custody level: [________________________________]

☐ Minimum B ☐ Community A ☐ Community B ☐ Other: [____]

D. Community Safety Assessment

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

[________________________________]
[________________________________]
[________________________________]

E. Prior Release History

☐ No prior furlough or release violations
☐ Prior release history: [________________________________]

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 and classification report
☐ Exhibit C: Program participation certificates
☐ Exhibit D: Employment offer / verification (if job-seeking or work release)
☐ Exhibit E: Sponsor verification and orientation confirmation
☐ Exhibit F: Letters of support from family / community members
☐ Exhibit G: Proposed itinerary
☐ Exhibit H: Signed extradition waiver
☐ Exhibit [____]: [________________________________]

8. PROPOSED ORDER

IN THE DISTRICT COURT OF [________________________________] COUNTY, NEBRASKA

ORDER REGARDING 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 Court recommends / authorizes furlough from [__/__/____] to [__/__/____].
3. The Defendant/Inmate shall comply with all NDCS furlough program rules and conditions.
4. All furlough activities shall be restricted to the State of Nebraska.
5. Absconding or failure to return shall be treated as escape per applicable Nebraska statutes.

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

___________________________________________
Judge, District Court
[________________________________] County, Nebraska

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
Nebraska Bar No. [________________________________]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

10. NEBRASKA PRACTICE NOTES

1. Administrative Process: Nebraska furloughs are primarily administered through NDCS under Neb. Rev. Stat. § 83-184. The Director of Correctional Services and wardens have primary authority over furlough decisions.

2. State Restriction: All furloughs are restricted to the State of Nebraska.

3. Sponsor Requirement: Most furlough types require an approved sponsor who must attend orientation and be approved by the warden.

4. Extradition Waiver: Inmates must sign an extradition waiver as a condition of furlough.

5. Escape Liability: Absconding or failure to return is treated as escape under Nebraska law. Prosecution may follow under Neb. Rev. Stat. §§ 28-912 or 28-936.

6. Electronic Monitoring: Medical and certain other furloughs may require electronic monitoring. Refusal to wear a monitoring device cancels the furlough.

7. Exclusions: Inmates with active Security Threat Group affiliation, current or previous sex offense convictions, convictions for taking a life, or recent escape history may be excluded or subject to heightened restrictions.

8. Expenses: All expenses incurred during furlough are the responsibility of the inmate, family, or sponsor.

9. Drug/Alcohol Testing: Inmates may be subject to drug and alcohol testing upon return from furlough.

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