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. Ohio Practice Notes

1. CAPTION

IN THE COURT OF COMMON PLEAS
[________________________________] COUNTY, OHIO

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 granting or supporting furlough / temporary release on the following grounds:

Type of Release Requested

☐ Medical / Compassionate Release (ORC § 2967.05; ORC § 2967.26)
☐ Transitional Control / Temporary Pass (OAC Rule 5120-3-03)
☐ Work Release (OAC Chapter 5120-12)
☐ Emergency / Overcrowding Release (ORC § 2967.18)

Specific Grounds

[________________________________]
[________________________________]
[________________________________]

Duration Requested

4. STATUTORY AUTHORITY

A. Furlough / Temporary Release (ORC § 2967.05)

Ohio law authorizes furlough and temporary release for inmates, including medical and compassionate release. Medical/compassionate release requires approval by the Governor.

B. Medical / Compassionate Release (ORC § 2967.26)

An inmate may petition for medical release when a physician certifies terminal illness or imminent death and continued incarceration serves no penological purpose.

C. Transitional Control (OAC Rule 5120-3-03)

ODRC may place eligible inmates in transitional control during the final 180 days of their sentence. Temporary passes of up to 48 hours may be issued.

D. Work Release (OAC Chapter 5120-12)

Minimum-security inmates who are eligible for parole may participate in work release programs under ODRC administration.

E. Emergency / Overcrowding Release (ORC § 2967.18)

The Director of ODRC may recommend release to address prison overcrowding or emergency conditions.

5. PROPOSED CONDITIONS OF RELEASE

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

☐ Supervision by the Adult Parole Authority
☐ Return at designated times
☐ Consent to searches
☐ Sign forms acknowledging conditions
☐ Comply with employer and reporting obligations (work release)
☐ Pay reasonable supervision expenses
☐ Reside at approved address: [________________________________]
☐ Maintain employment at: [________________________________]
☐ Submit to electronic monitoring
☐ Submit to drug and alcohol testing
☐ Observe curfew: [________________________________]
☐ Refrain from contact with: [________________________________]
☐ Other: [________________________________]

Proposed Residence / Placement

6. RISK ASSESSMENT

A. Institutional Conduct Record

[________________________________]
[________________________________]

☐ No disciplinary infractions during the past [____] months/years
☐ Not in restrictive or extended restrictive housing
☐ Disciplinary history attached as Exhibit [____]

B. Program Participation

[________________________________]
[________________________________]

C. Security Classification

Current classification: [________________________________]

☐ Minimum security (work release eligibility)
☐ Appropriate classification for transitional control

D. Community Safety Assessment

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

[________________________________]
[________________________________]
[________________________________]

E. Medical Assessment (if Medical / Compassionate Release)

Diagnosing Physician: [________________________________]
Diagnosis: [________________________________]
Prognosis: [________________________________]

☐ Terminal illness certified
☐ Imminent death certified
☐ Physician's certificate attached as Exhibit [____]

7. SUPPORTING DOCUMENTATION

The following exhibits are attached in support of this Motion:

☐ Exhibit A: Physician's certificate of terminal illness / imminent death
☐ Exhibit B: Medical records
☐ Exhibit C: Institutional conduct and classification report
☐ Exhibit D: Program participation certificates
☐ Exhibit E: Employment verification (if work release)
☐ Exhibit F: Proposed residence verification
☐ Exhibit G: Letters of support from family / community members
☐ Exhibit H: Adult Parole Authority recommendation (if available)
☐ Exhibit [____]: [________________________________]

8. PROPOSED ORDER

IN THE COURT OF COMMON PLEAS
[________________________________] COUNTY, OHIO

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 Court recommends the Defendant/Inmate for furlough / temporary release from [__/__/____] to [__/__/____].
3. The Defendant/Inmate shall be supervised by the Adult Parole Authority.
4. The Defendant/Inmate shall comply with all ODRC conditions.
5. The following additional conditions shall apply: [________________________________]
6. Revocation is authorized for violations of any condition.

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

___________________________________________
Judge, Court of Common Pleas
[________________________________] County, Ohio

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
Ohio Supreme Court Registration No. [________________________________]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

10. OHIO PRACTICE NOTES

1. Governor's Approval: Medical/compassionate release under ORC § 2967.05 requires approval by the Governor.

2. Transitional Control: The final 180 days of a sentence may qualify for transitional control. Temporary passes are limited to 48 hours per pass.

3. Adult Parole Authority: The APA supervises inmates on transitional control and work release.

4. Extensive Exclusions: The following inmates are ineligible for furlough/release programs:
   - Inmates serving a death sentence
   - Inmates serving life without parole
   - Inmates under Chapter 2971 sentences
   - Inmates serving sentences for aggravated murder or murder
   - Inmates serving mandatory prison terms (until expiration)
   - Inmates in restrictive or extended restrictive housing
   - Inmates with detainers for untried felony charges or immigration actions
   - Inmates with certain sex offense convictions
   - Inmates with escape convictions

5. Work Release: Limited to minimum-security inmates eligible for parole.

6. Supervision Expenses: Inmates may be required to pay reasonable supervision expenses.

7. Revocation: Violations of conditions may result in revocation and return to facility.

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