Motion for Furlough - New Jersey

MOTION FOR FURLOUGH

New Jersey Route-Specific Request Packet

IMPORTANT ROUTE WARNING

This preserved template URL covers two different New Jersey procedures. Select only one:

• Part A — RCRP earned furlough: an administrative request decided by the Residential Community Reintegration Program director. It is not a Superior Court motion, and no proposed court order belongs with it.
• Part B — compassionate release: a Superior Court petition under N.J.S.A. 30:4-123.51e. It cannot be filed until the Department of Corrections issues a Certificate of Eligibility for Compassionate Release.

Do not combine the routes. This packet does not cover county work release, vocational-training release, parole, emergency medical transport, or any other temporary-release program.

PART A — RCRP EARNED-FURLOUGH REQUEST

TO: RCRP Director, [________________________________]

THROUGH: Case Manager / Designee, [________________________________]

RE: [INCARCERATED PERSON NAME], SBI No. [________________________________]

A.1 IDENTIFYING AND PROGRAM INFORMATION

A.2 THRESHOLD SCREEN

The current NJDOC directive treats furlough as an earned privilege for an eligible person housed in an RCRP. Complete this screen before preparing the request:

☐ The applicant is housed in an RCRP.

☐ The applicant is working full-time, attending school full-time, or simultaneously working and attending school part-time; or the RCRP has documented qualifying special circumstances.

☐ The applicant is no more than 365 days from the maximum release date.

☐ The applicant will not be within the final 30 days before the maximum release date during the requested furlough.

☐ The applicant has no major in-house sanction during the preceding six months.

☐ The applicant has maintained treatment compliance and positive conduct adjustment.

☐ The RCRP has confirmed that N.J.S.A. 30:4-91.3b does not exclude the applicant based on the conviction record.

☐ The proposed site is in New Jersey and has written State Parole Board approval.

☐ The furlough-site approval appears on the current State Parole Board Halfway House Roster report.

☐ The furlough host will complete the required orientation and sign the current NJDOC acknowledgments and consent-to-search form.

☐ The furlough host will pick up the applicant at the RCRP and return the applicant by the approved time.

Eligibility explanation or issue requiring staff review:

[____________________________________________________________]

[____________________________________________________________]

A.3 REQUESTED FURLOUGH WINDOW

Select one window and confirm the dates against the maximum release date:

12-Hour Furlough

☐ The requested date falls 365 through 181 days before the maximum release date.

☐ The requested furlough is no more than 12 hours, including travel.

☐ The applicant has not used more than one other 12-hour furlough in the same 30-day period.

☐ At least 14 days will pass after the preceding furlough.

☐ Departure will be no earlier than 7:00 a.m. and return will be no later than 7:00 p.m.

24-Hour Furlough

☐ The requested date falls 180 through 30 days before the maximum release date.

☐ The requested furlough is no more than 24 hours, including travel.

☐ The applicant has not used another 24-hour furlough in the same consecutive 30-day period.

☐ Departure will be no earlier than 7:00 a.m. on the departure date and return will be no later than 7:00 p.m. on the return date.

☐ The applicant understands that NJDOC may require GPS monitoring.

A.4 APPROVED SITE AND HOST

The applicant will remain at the approved furlough site except as the final written furlough plan expressly permits.

A.5 PURPOSE AND FAMILY-REINTEGRATION PLAN

Purpose of the requested furlough:

[____________________________________________________________]

[____________________________________________________________]

People expected at the approved site and their relationships to the applicant:

[____________________________________________________________]

Activities planned at the site:

[____________________________________________________________]

Transportation plan, including pickup and return:

[____________________________________________________________]

A.6 ACCOUNTABILITY PLAN

The RCRP's approved accountability procedure and the final NJDOC forms control. Record the assigned contacts without inventing alternate call times:

RCRP-issued GPS telephone required: ☐ Yes ☐ No

Separate GPS mechanism required: ☐ Yes ☐ No ☐ To be determined

Emergency-return instructions: [___________________________________________________]

A.7 ATTACHMENTS

☐ Current NJDOC RCRP Furlough Request Form

☐ Written State Parole Board site approval

☐ Current Halfway House Roster confirmation

☐ Rules and Responsibility of Incarcerated Person on a Furlough from an RCRP form

☐ Consent to Search at the Approved Furlough Site form

☐ Furlough medical-coverage form

☐ Host-orientation confirmation

☐ Employment or school verification

☐ Conduct, treatment-compliance, and adjustment records requested by the RCRP

☐ Other: [________________________________]

A.8 APPLICANT AND HOST ACKNOWLEDGMENTS

I understand that this request does not create a right to furlough. The RCRP director decides eligibility and suitability under current law, NJDOC directives, the RCRP's approved procedures, and public-safety information. The final approved plan and current NJDOC forms control over this worksheet.

Applicant signature: _______________________________________________

Date: [__/__/____]

I agree to complete the required orientation, provide transportation, remain available for accountability contacts, follow the approved site restrictions, and sign the current NJDOC host forms.

Host signature: _______________________________________________

Date: [__/__/____]

A.9 RCRP REVIEW AND DECISION

Final result: ☐ Approved ☐ Denied ☐ Returned for more information

Approved conditions or reasons for decision:

[____________________________________________________________]

[____________________________________________________________]

PART B — PETITION FOR COMPASSIONATE RELEASE

B.1 DO NOT FILE BEFORE THE STATUTORY GATE

Use Part B only after DOC issues a Certificate of Eligibility for Compassionate Release. A grave-medical-condition diagnosis alone does not permit filing. Obtain and use the current official Judiciary forms:

• Petition for Compassionate Release, CN 12745; and
• Order on Compassionate Release, CN 12746.

The official forms attached to Judiciary Directive #04-21 control over any conflicting language in this worksheet.

B.2 PRE-FILING CHECKLIST

☐ Two commissioner-designated physicians completed the DOC medical-diagnosis process.

☐ DOC issued the Certificate of Eligibility for Compassionate Release.

☐ The Certificate of Eligibility is attached to the petition.

☐ The petition uses the current CN 12745 form or a filing accepted by the Criminal Division.

☐ The proposed order uses the current CN 12746 form.

☐ The petition will be filed in the Superior Court, Law Division, Criminal Part, in the county of conviction.

☐ Counsel confirmed the current eCourts filing event; or an unrepresented applicant confirmed the current JEDS or mail procedure with the Criminal Division.

☐ Confidential medical material is separated, marked, and handled under the current court procedure.

B.3 CAPTION

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION — CRIMINAL PART

[________________________________] COUNTY

PETITION FOR COMPASSIONATE RELEASE

B.4 PETITION INFORMATION

The Defendant, [________________________________], petitions the Court for compassionate release under N.J.S.A. 30:4-123.51e and states:

1. The Defendant was convicted of [OFFENSE AND STATUTE] on [__/__/____].
2. The Court imposed this sentence: [________________________________].
3. The Defendant is serving the sentence at [INSTITUTION].
4. DOC issued the attached Certificate of Eligibility for Compassionate Release on [__/__/____].
5. The State Parole Board release plan is ☐ attached ☐ expected from the Board under the court's procedure.
6. The supporting record addresses whether the Defendant is so debilitated or incapacitated by a terminal condition, disease or syndrome, or permanent physical incapacity as to be permanently physically incapable of committing a crime if released.
7. If the asserted basis is permanent physical incapacity, the supporting record also addresses whether the established release conditions would pose a threat to public safety.

The Defendant asks the Court to grant the petition under the statutory clear-and-convincing-evidence standard and enter the current form order.

B.5 CONFIDENTIAL SUPPORTING RECORD

Do not place unnecessary medical detail in a public proposed order.

☐ Certificate of Eligibility for Compassionate Release

☐ Physician diagnoses and reports authorized for filing

☐ Current treatment and care information

☐ State Parole Board release plan

☐ Proposed residence and care-provider information

☐ Public-safety and supervision information

☐ Other material permitted by the current court procedure: [________________________________]

B.6 SERVICE CERTIFICATION

I certify that on [__/__/____], I served the petition and authorized attachments in accordance with the current Rules of Court on:

☐ The county prosecutor who prosecuted the matter

☐ The Attorney General because the Attorney General prosecuted the matter

The prosecutor or Attorney General—not the petitioner—provides the statutory notice to an eligible victim or victim's family member.

B.7 PROCEDURE AFTER FILING

• The prosecutor ordinarily has 15 days to respond and may receive an extension to 30 days for good cause.
• A hearing is required if the prosecutor objects or an eligible victim or family member intends to testify; otherwise the Court may decide the petition without a hearing.
• The State Parole Board provides the release plan and relevant information to the Court under the Judiciary procedure.
• An order granting compassionate release does not become final for 10 days.
• A granted petitioner remains subject to the release conditions established by the State Parole Board and the statutory consequences for violating them.

B.8 SIGNATURE

Submitted by: [________________________________]

Role: ☐ Defendant ☐ Defense attorney

New Jersey attorney ID, if applicable: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Signature: _______________________________________________

Date: [__/__/____]

FINAL REVIEW CHECKLIST

☐ Only Part A or Part B is being used.

☐ Part A is directed to the RCRP director and contains no court caption or proposed judicial order.

☐ Part B includes the DOC Certificate of Eligibility and current Judiciary forms.

☐ All dates, maximum-release calculations, conviction information, site approvals, and attachments were checked against current records.

☐ New Jersey counsel and the responsible correctional authority reviewed the completed packet.

Sources and References

• New Jersey Department of Corrections — Title 10A and current rule notices
• NJDOC 2025 RCRP exhibits — Directive PCS-2024-1
• N.J.S.A. 30:4-91.3b — current official statute search
• N.J.S.A. 30:4-123.51e — current official statute search
• New Jersey Judiciary Directive #04-21 and forms CN 12745 / CN 12746

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Verify the current statute, directive, court procedure, RCRP policy, site approval, and official forms before use.