Motion for Furlough - New York

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 York Practice Notes

1. CAPTION

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [________________________________]

MOTION FOR FURLOUGH / TEMPORARY RELEASE

2. DEFENDANT / INMATE INFORMATION

3. GROUNDS FOR FURLOUGH

COMES NOW the Defendant/Inmate, [________________________________], by and through counsel, [________________________________], Esq., and respectfully moves this Court for an order supporting furlough / temporary release on the following grounds:

Type of Furlough / Temporary Release Requested

☐ One-Day Furlough (up to 14 hours)
☐ Extended Furlough (more than one day, up to 7 days)
☐ Family-Tie Furlough
☐ Job-Search Furlough
☐ Post-Release Housing Furlough
☐ Work Release (Continuous Temporary Release, up to 14 hours/day)
☐ Educational Release
☐ Community Services Leave
☐ Industrial Training Leave

Specific Grounds

[________________________________]
[________________________________]
[________________________________]

Duration Requested

4. STATUTORY AUTHORITY

A. Temporary Release Programs (N.Y. Correction Law § 851)

The New York State Department of Corrections and Community Supervision (DOCCS) administers temporary release programs including furloughs, work release, educational release, community services leave, and industrial training leave.

B. Furlough Duration Limits

C. Continuous Temporary Release (7 N.Y.C.R.R. § 1903.2)

Work release and other continuous programs are governed by DOCCS administrative regulations, requiring approval by the facility Temporary Release Committee and superintendent.

D. Approval Process

The facility Temporary Release Committee reviews applications and recommends to the superintendent. Central office or commissioner approval may be required for certain categories.

5. PROPOSED CONDITIONS OF RELEASE

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

☐ Reside at approved furlough residence: [________________________________]
☐ Residence verification completed
☐ No out-of-state travel (out-of-state furloughs are not approved)
☐ Report to Temporary Release parole officer or facility staff before departure and upon return
☐ Submit to parole officer home visits (minimum monthly for continuous participants)
☐ Observe curfew requirements
☐ Use personal funds for furlough expenses
☐ Sign Temporary Release memorandum of agreement
☐ Comply with all DOCCS discipline rules
☐ Submit to drug and alcohol testing
☐ Report to designated employer / program: [________________________________]
☐ Other: [________________________________]

Approved Furlough Residence

6. RISK ASSESSMENT

A. Institutional Conduct Record

[________________________________]
[________________________________]

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

B. TRP Point Score

Current point score: [____]

☐ Meets minimum 30-point requirement
☐ Point score documentation attached as Exhibit [____]

C. Program Participation

[________________________________]
[________________________________]

D. Community Safety Assessment

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

[________________________________]
[________________________________]
[________________________________]

E. Prior Release History

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

7. SUPPORTING DOCUMENTATION

The following exhibits are attached in support of this Motion:

☐ Exhibit A: TRP point score documentation
☐ Exhibit B: Institutional conduct record
☐ Exhibit C: Program participation certificates
☐ Exhibit D: Approved residence verification
☐ Exhibit E: Employment verification / offer letter (if work release)
☐ Exhibit F: Educational enrollment (if educational release)
☐ Exhibit G: Letters of support from family / community members
☐ Exhibit H: Temporary Release Committee recommendation (if available)
☐ Exhibit [____]: [________________________________]

8. PROPOSED ORDER

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [________________________________]

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 Court recommends / supports furlough / temporary release from [__/__/____] to [__/__/____].
3. The Defendant/Inmate shall comply with all DOCCS Temporary Release Program rules and conditions.
4. No out-of-state travel is permitted.
5. The following additional conditions shall apply: [________________________________]

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

___________________________________________
Justice, Supreme Court
[________________________________] County, New York

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:

___________________________________________
[________________________________], Esq.
Attorney for Defendant/Inmate
New York Bar Reg. No. [________________________________]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

10. NEW YORK PRACTICE NOTES

1. DOCCS Administration: Temporary release in New York is administered by DOCCS through facility Temporary Release Committees and superintendents under Correction Law § 851.

2. No Out-of-State Furloughs: Out-of-state furloughs will not be approved.

3. Minimum Point Score: A minimum TRP point score of 30 is required for furlough program participation.

4. Duration Limits: No furlough may exceed 7 days. Annual limits: no more than 28 days total; no more than 14 days in the first 6 months; no more than 7 days in any 28-day period.

5. Approved Residence Required: Extended furloughs require an approved and verified residence. Inmates without approved residences are limited to short, specified furloughs.

6. Simultaneous Furloughs: Multiple inmates furloughing to the same address require superintendent consent.

7. Law Enforcement Notification: Local law enforcement is notified via form TRP-8 for approved continuous participants.

8. Memorandum of Agreement: The inmate must sign a Temporary Release memorandum of agreement and comply with all discipline rules. Violations may result in disciplinary action and affect future eligibility.

9. Personal Expenses: Furlough expenses are borne by the inmate from personal funds. Limited departmental advances are available in specified circumstances.

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