Motion for Furlough - New Mexico

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. Optional Order of Judicial Recommendation
9. Certificate of Service
10. New Mexico Practice Notes

1. CAPTION

STATE OF NEW MEXICO
COUNTY OF [________________________________]
[____] JUDICIAL DISTRICT COURT

MOTION FOR FURLOUGH / TEMPORARY RELEASE

2. DEFENDANT / INMATE INFORMATION

3. GROUNDS FOR FURLOUGH

COMES NOW the Defendant/Inmate, [________________________________], by and through counsel, [________________________________], and requests [A JUDICIAL RECOMMENDATION UNDER SEPARATELY IDENTIFIED AUTHORITY / ADMINISTRATIVE CONSIDERATION BY THE AUTHORIZED OFFICIAL] on the following grounds.

The statutes cited below do not authorize the sentencing court to grant release. Before filing this as a motion, counsel must identify the independent statute, rule, retained-jurisdiction basis, or other authority permitting the requested judicial action: [________________________________].

Type of Furlough Requested

☐ State-penitentiary work release (NMSA 1978, §§ 33-2-43 and 33-2-44)
☐ State-penitentiary school release (NMSA 1978, §§ 33-2-43 and 33-2-44)
☐ State-penitentiary visitation privilege for a purpose permitted by § 33-2-45, for no more than thirty days
☐ State-penitentiary visit to contact a prospective employer or attend a job or school interview (§ 33-2-45)
☐ County-jail work or school release program established under § 33-3-24, which incorporates §§ 33-2-43 and 33-2-44
☐ Other program authorized by current law or agency rule: [________________________________]

Specific Grounds

[________________________________]
[________________________________]
[________________________________]

Duration Requested

4. STATUTORY AUTHORITY

A. Inmate Release Programs (NMSA 1978 §§ 33-2-43 through 33-2-47)

The superintendent (warden) may institute a program allowing qualifying state-penitentiary inmates to attend school or work in private business under § 33-2-43. Section 33-2-44 permits the superintendent, at a prisoner's request, to extend confinement limits for qualifying paid private or public employment or school attendance. Section 33-2-45 separately permits a volunteering program participant to visit specifically designated places for no more than thirty days for prospective-employer contacts, job or school interviews, or another reason consistent with pre-parole analysis, the program, and the public interest.

B. County Jail Release (NMSA 1978 § 33-3-24)

The sheriff or jail administrator may establish a county-jail prisoner-release program with the approval required by § 33-3-24. That section incorporates §§ 33-2-43 and 33-2-44, but not the thirty-day visitation provision in § 33-2-45.

C. Eligibility Requirements

For the state program under § 33-2-44, the prisoner must request participation and must:

• be a trusty or minimum-custody inmate;
• have the physical and mental ability to perform the proposed assignment without interfering outpatient care;
• have no serious emotional or personality defect;
• have no conviction involving assaultive sexual conduct or violence to a child and no link to organized criminal activity; and
• be unlikely, in the superintendent's opinion, to evoke an adverse public reaction through presence in the community.

D. Escape from Release Program (NMSA 1978 § 33-2-46)

A participant who willfully fails to return to the designated place of confinement at the prescribed time, with intent not to return, commits escape; conviction is a third-degree felony under § 33-2-46.

E. Employment Supervision (NMSA 1978 § 33-2-47)

The state labor commissioner exercises the same supervision over employment conditions for program participants as for free persons. Section 33-2-47 also addresses unemployment benefits and the participant's nonemployee status in relation to the penitentiary.

F. Decision-Maker

Sections 33-2-43 through 33-2-47 vest state-program decisions in the superintendent. Section 33-3-24 vests county-program establishment in the sheriff or jail administrator with the specified approvals. These sections do not authorize a court to order an inmate's release.

5. PROPOSED CONDITIONS OF RELEASE

The Defendant/Inmate proposes the following possible conditions for review by the authorized official. Do not represent a listed condition as required unless it appears in the current program rule, written policy, or individual approval:

☐ Active electronic monitoring (GPS)
☐ Pay costs required by current written program criteria or, for paid work release, by § 33-2-43(C)
☐ Return to facility by specified time: [________________________________]
☐ Travel restricted to the approved area: [________________________________]
☐ Maintain approved employment or school attendance: [________________________________]
☐ Execute any waiver required by current written program policy: [________________________________]
☐ Employer agreement signed and submitted
☐ Reside at approved address: [________________________________]
☐ Submit to drug and alcohol testing
☐ Refrain from contact with: [________________________________]
☐ Other: [________________________________]

Proposed Residence

Employer Information (if Work Release)

6. RISK ASSESSMENT

A. Institutional Conduct Record

[________________________________]
[________________________________]

☐ Institutional disciplinary history reviewed under current program criteria
☐ Disciplinary history attached as Exhibit [____]

B. Program Participation

[________________________________]
[________________________________]

C. Custody Classification

Current custody level: [________________________________]

☐ Trusty ☐ Minimum custody ☐ Other: [____]

D. Community Safety Assessment

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

[________________________________]
[________________________________]
[________________________________]

E. Prior Release History

☐ Prior release-program compliance reviewed under current program criteria
☐ No history of escape
☐ Prior release history: [________________________________]

7. SUPPORTING DOCUMENTATION

The following exhibits are attached in support of this request or motion:

☐ Exhibit A: Institutional conduct record
☐ Exhibit B: Custody classification report
☐ Exhibit C: Program participation certificates
☐ Exhibit D: Employment verification / offer letter and employer agreement
☐ Exhibit E: Educational enrollment confirmation
☐ Exhibit F: Proposed residence verification
☐ Exhibit G: Letters of support from family / community members
☐ Exhibit H: Current written program criteria and any required waiver
☐ Exhibit [____]: [________________________________]

8. OPTIONAL ORDER OF JUDICIAL RECOMMENDATION

STATE OF NEW MEXICO
COUNTY OF [________________________________]
[____] JUDICIAL DISTRICT COURT

ORDER ON REQUEST FOR JUDICIAL RECOMMENDATION

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

IT IS HEREBY ORDERED that:

1. The Court [RECOMMENDS / DOES NOT RECOMMEND] that the authorized correctional official consider the Defendant/Inmate for [PROGRAM].
2. This Order does not authorize release, override classification or program criteria, or bind the superintendent, sheriff, jail administrator, or another correctional official.
3. Any participation remains subject to current law, written program requirements, and the authorized official's approval.
4. Independent authority for this judicial recommendation: [________________________________].

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

___________________________________________
District Judge
[____] Judicial District Court
[________________________________] County, New Mexico

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

10. NEW MEXICO PRACTICE NOTES

1. Administrative authority: The superintendent controls the cited state-penitentiary programs. The sheriff or jail administrator controls a county program under § 33-3-24, subject to the approvals stated there. The cited sections do not grant release authority to the sentencing court.

2. Eligibility Restrictions:
   - Must be classified as trusty or minimum custody
   - No convictions for assaultive sexual conduct
   - No convictions for violence to a child
   - No links to organized criminal activity
   - Must be unlikely, in the superintendent's opinion, to evoke an adverse public reaction through presence in the community

3. Visitation Duration: Visitation privileges may not exceed 30 days.

4. Program-specific terms: Monitoring, travel, hours, waivers, residence, testing, costs, and return times must be taken from the current written program criteria or individual approval; §§ 33-2-43 through 33-2-47 do not supply the former draft's fixed terms.

5. Escape liability: Section 33-2-46 requires a willful failure to return at the prescribed time with intent not to return; a conviction is a third-degree felony.

6. Official source: NMSA 1978, Chapter 33 — current official compilation.

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