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 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 respectfully moves this Court for an order supporting furlough / temporary release on the following grounds:

Type of Furlough Requested

☐ Work Release (NMSA § 33-2-43)
☐ School / Educational Release (NMSA § 33-2-43)
☐ Visitation Privileges / Community Visit (up to 30 days) (NMSA § 33-2-43)
☐ Furlough to Maintain Family / Community Ties
☐ Furlough to Seek Employment
☐ County Jail Prisoner Release (NMSA § 33-3-24)

Specific Grounds

[________________________________]
[________________________________]
[________________________________]

Duration Requested

4. STATUTORY AUTHORITY

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

The superintendent (warden) of the state penitentiary may authorize eligible inmates to participate in release programs including work release, school release, visitation privileges, furloughs to maintain family ties, and furloughs to seek employment.

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

The sheriff or jail administrator, with board approval, may authorize release programs for county jail prisoners.

C. Eligibility Requirements

Eligible inmates must be:

• Volunteers classified as trusty or minimum-custody (Level I)
• Physically and mentally able to perform assignments
• Free of serious emotional defects

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

Escape from an inmate-release program constitutes a third-degree felony.

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

Employment conditions are supervised by the facility, and the inmate must maintain compliance with all program requirements.

5. PROPOSED CONDITIONS OF RELEASE

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

☐ Active electronic monitoring (GPS)
☐ Pay monitoring and subsistence costs
☐ Return to facility by specified time: [________________________________] (generally 8:00 PM)
☐ Travel restricted to 30-mile radius
☐ Maintain full-time employment (at least 35 hours/week): [________________________________]
☐ Execute waiver of extradition
☐ 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

[________________________________]
[________________________________]

☐ No major misconduct within the past 12 months
☐ Disciplinary history attached as Exhibit [____]

B. Program Participation

[________________________________]
[________________________________]

C. Custody Classification

Current custody level: [________________________________]

☐ Trusty ☐ Minimum / Level I ☐ Other: [____]

D. Community Safety Assessment

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

[________________________________]
[________________________________]
[________________________________]

E. Prior Release History

☐ No release violations within the past 5 years
☐ No history of escape
☐ Prior release history: [________________________________]

7. SUPPORTING DOCUMENTATION

The following exhibits are attached in support of this 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: Signed extradition waiver
☐ Exhibit [____]: [________________________________]

8. PROPOSED ORDER

STATE OF NEW MEXICO
COUNTY OF [________________________________]
[____] JUDICIAL DISTRICT 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 / SUPPORTED.
2. The Defendant/Inmate is authorized for furlough / temporary release from [__/__/____] to [__/__/____].
3. The Defendant/Inmate shall comply with all NMCD release program conditions.
4. Active electronic monitoring (GPS) shall be required.
5. Travel shall be restricted to a 30-mile radius.
6. The following additional conditions shall apply: [________________________________]
7. Escape from the release program constitutes a third-degree felony under NMSA § 33-2-46.

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. Warden Authority: The superintendent (warden) of the state penitentiary has primary authority for granting release programs for state inmates under NMSA §§ 33-2-43 through 33-2-47.

2. Eligibility Restrictions:
   - Must be classified as trusty or minimum-custody (Level I)
   - No convictions for assaultive sexual conduct
   - No convictions for violence to a child
   - No links to organized criminal activity
   - No validated or suspected gang membership
   - No major misconduct within 12 months
   - No release violations within 5 years

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

4. Electronic Monitoring: Active GPS monitoring is required for most release programs. The inmate must pay monitoring and subsistence costs.

5. Travel Restriction: Travel is generally restricted to a 30-mile radius from the facility.

6. Employment Requirements: Work release requires full-time employment (at least 35 hours per week) with an approved employer agreement.

7. Return Time: Inmates must generally return to the facility by 8:00 PM.

8. Escape Liability: Escape from an inmate-release program is a third-degree felony under NMSA § 33-2-46.

9. Extradition Waiver: Inmates must sign a waiver of extradition as a condition of release.

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.