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. New Hampshire Practice Notes

1. CAPTION

THE STATE OF NEW HAMPSHIRE
[________________________________] COUNTY SUPERIOR COURT

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 Furlough Requested

☐ Work Release / Gainful Employment (RSA 651:25 — state prison; RSA 30-B:20 — county facility)
☐ Uncompensated Public Service (RSA 651:68)
☐ Medical Parole (RSA 651-A:10-a)
☐ Other Rehabilitative Purpose (RSA 651:25)

Specific Grounds

[________________________________]
[________________________________]
[________________________________]

Duration Requested

4. STATUTORY AUTHORITY

A. State Prison Temporary Release (RSA 651:25)

The Commissioner of the New Hampshire Department of Corrections may release a state prisoner for gainful employment, uncompensated public service, or other rehabilitative purposes, subject to terms and conditions prescribed by the Commissioner.

Notice Requirement: If the prisoner has not served sufficient time to be eligible for parole, release under RSA 651:25 requires notice to the sentencing court and prosecutor. If either objects within 10 days, the court may hold a hearing.

B. County Facility Work Release (RSA 30-B:20)

The county superintendent, with approval of the sentencing court, may authorize work release for county inmates. The sentencing court retains authority to set conditions and revoke the release.

C. Medical Parole (RSA 651-A:10-a)

The Adult Parole Board may grant medical parole upon recommendation by the Commissioner and medical director when:

• The inmate has a serious medical condition; and
• The inmate is unlikely to violate the law if released.

Exclusion: Inmates sentenced to life without parole or death are ineligible for medical parole.

D. Earnings Disposition

Under RSA 651:25, the Commissioner may require the inmate to surrender earnings, with authorized deductions for keep, restitution, support of dependents, and savings.

5. PROPOSED CONDITIONS OF RELEASE

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

☐ Comply with all terms and conditions prescribed by the Commissioner or Court
☐ Maintain employment at: [________________________________]
☐ Perform uncompensated public service at: [________________________________]
☐ Reside at approved residence: [________________________________]
☐ Remain within assigned residence except for medical treatment (medical parole)
☐ Surrender earnings per RSA 651:25 for authorized deductions
☐ Submit to electronic monitoring
☐ Submit to drug and alcohol testing
☐ Observe curfew: [________________________________]
☐ Refrain from contact with: [________________________________]
☐ Report to supervising officer: [________________________________]
☐ 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 the community because:

[________________________________]
[________________________________]
[________________________________]

D. Medical Assessment (if Medical Parole)

[________________________________]
[________________________________]

E. Prior Release History

☐ No prior 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 parole)
☐ Exhibit B: Commissioner's recommendation (if medical parole)
☐ Exhibit C: Institutional conduct record
☐ Exhibit D: Program participation certificates
☐ Exhibit E: Employment verification / offer letter (if work release)
☐ Exhibit F: Proposed residence verification
☐ Exhibit G: Letters of support from family / community members
☐ Exhibit H: Risk assessment report
☐ Exhibit [____]: [________________________________]

8. PROPOSED ORDER

THE STATE OF NEW HAMPSHIRE
[________________________________] COUNTY SUPERIOR COURT

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.
2. The Defendant/Inmate is authorized for temporary release for the purpose of: [________________________________].
3. The release shall commence on [__/__/____] and terminate on [__/__/____].
4. The following conditions shall apply: [________________________________]
5. The Commissioner of Corrections may recall the inmate if community safety is endangered.
6. Earnings shall be surrendered and disbursed per RSA 651:25.

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

___________________________________________
Presiding Justice
[________________________________] County Superior Court

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
New Hampshire Bar No. [________________________________]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

10. NEW HAMPSHIRE PRACTICE NOTES

1. Dual Authority Structure:
   - State Prison: The Commissioner of the Department of Corrections authorizes temporary release under RSA 651:25.
   - County Facilities: The county superintendent, with sentencing court approval, authorizes work release under RSA 30-B:20.
   - Medical Parole: The Adult Parole Board decides under RSA 651-A:10-a.

2. Notice to Court and Prosecutor: If the prisoner has not yet reached parole eligibility, release under RSA 651:25 requires notice to the sentencing court and prosecutor. Either may object within 10 days, triggering a hearing.

3. Medical Parole Exclusion: Inmates sentenced to life without parole or death are ineligible for medical parole under RSA 651-A:10-a.

4. Earnings Rules: The inmate must surrender earnings; authorized deductions include keep, restitution, support of dependents, and savings per RSA 651:25.

5. Recall Authority: The Commissioner or facility superintendent may recall an inmate from temporary release if community safety is endangered.

6. Medical Parole Residence: Medical parolees must remain in their assigned residence except for medical treatment.

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