Motion for Furlough - Oregon

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. Oregon Practice Notes

1. CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

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 granting furlough / temporary release on the following grounds:

Type of Release Requested

☐ Pass / Furlough / Temporary Leave
☐ Work Release (ORS 137.520; ORS 144.410-144.525)
☐ Educational Release
☐ County Jail Temporary Leave (ORS 169.115) — medical needs, family emergency
☐ Transitional Leave (ORS 137.750)

Separate Board procedure: A request to advance a release date for a severe medical condition, terminal illness, or qualifying age-related incapacity is governed by ORS 144.126 and decided by the State Board of Parole and Post-Prison Supervision. It is outside this court furlough request.

Specific Grounds

[________________________________]
[________________________________]
[________________________________]

Duration Requested

4. STATUTORY AUTHORITY

A. Temporary Release / Work Release (ORS 137.520)

The sentencing court may authorize release for work, education, or other approved purposes. The inmate is confined when not engaged in the authorized activity unless the court or sheriff directs otherwise. Release is subject to conditions, and breach may result in return to confinement.

B. County Jail Temporary Leave (ORS 169.115)

The committing magistrate (sentencing court) or county sheriff may authorize temporary leave from county jail for medical needs, family emergencies, or other approved purposes. Leave is limited to 10 days. Prisoners considered a threat to society or at risk of not returning may be excluded.

C. Work Release Programs (ORS 144.410-144.525)

ODOC administers work release programs requiring minimum custody status and generally within 18 months of release. Administrative rules (OAR 291-149) govern program conditions.

D. Separate Medical Release Procedure (ORS 144.126)

Under ORS 144.126, the State Board of Parole and Post-Prison Supervision may advance an eligible prisoner's release date if continued incarceration is cruel and inhumane, advancing release is compatible with the interests of the prisoner and society, and the prisoner has a severe medical condition including terminal illness or is elderly and permanently incapacitated as the statute describes. Address this request to the Board separately.

Exclusion: ORS 144.126 does not apply to a prisoner sentenced to life without the possibility of release or parole under ORS 138.052 or 163.150.

E. Transitional Leave (ORS 137.750)

Eligible inmates may receive transitional leave for reentry purposes.

5. PROPOSED CONDITIONS OF RELEASE

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

☐ Subject to return to confinement on breach (ORS 137.520)
☐ Confined when not engaged in work/education unless court/sheriff directs otherwise
☐ Comply with ODOC administrative rules (OAR 291-149)
☐ Remain in Oregon unless written permission to leave is granted
☐ Earnings subject to deductions for board, restitution, fines, support of dependents (ORS 137.520(4))
☐ Pay program-related costs as required
☐ Reside at approved address: [________________________________]
☐ Report to supervising officer: [________________________________]
☐ Maintain employment at: [________________________________]
☐ Attend educational program at: [________________________________]
☐ Submit to electronic monitoring
☐ Submit to drug and alcohol testing
☐ Observe curfew: [________________________________]
☐ Other: [________________________________]

Proposed Residence

Employer / Program (if applicable)

6. RISK ASSESSMENT

A. Institutional Conduct Record

[________________________________]
[________________________________]

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

B. Program Participation

[________________________________]
[________________________________]

C. Custody Classification

Current classification: [________________________________]

☐ Minimum custody (work release eligibility)
☐ Appropriate classification for requested release

D. Community Safety Assessment

The Defendant/Inmate does not pose a threat to society and is likely to return because:

[________________________________]
[________________________________]
[________________________________]

E. Medical Assessment (if Medical Need Supports Temporary Leave)

Diagnosis: [________________________________]
Prognosis: [________________________________]
Treating Physician: [________________________________]

☐ Terminal illness
☐ Permanent incapacity

7. SUPPORTING DOCUMENTATION

The following exhibits are attached in support of this Motion:

☐ Exhibit A: Medical records / physician's certification (if medical need supports temporary leave)
☐ Exhibit B: Institutional conduct record
☐ Exhibit C: Program participation certificates
☐ Exhibit D: Employment verification / offer letter
☐ Exhibit E: Educational enrollment confirmation
☐ Exhibit F: Proposed residence verification
☐ Exhibit G: Letters of support from family / community members
☐ Exhibit H: ODOC classification report
☐ Exhibit [____]: [________________________________]

8. PROPOSED ORDER

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE 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 Defendant/Inmate is authorized for temporary release from [__/__/____] to [__/__/____].
3. The Defendant/Inmate shall be confined when not engaged in the authorized activity unless otherwise directed.
4. Release is subject to return to confinement on breach per ORS 137.520.
5. Earnings shall be subject to deductions per ORS 137.520(4).
6. The Defendant/Inmate shall remain in Oregon unless written permission to leave is granted.
7. The following additional conditions shall apply: [________________________________]

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

___________________________________________
Circuit Court Judge
[________________________________] County, Oregon

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
Oregon State Bar No. [________________________________]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

10. OREGON PRACTICE NOTES

1. Multiple Authorities: Furlough authority depends on the context:

   • Sentencing court: Authorizes work/education release under ORS 137.520 and county jail temporary leave under ORS 169.115.
   • County sheriff: May also authorize county jail temporary leave.
   • ODOC: Administers state work release programs under ORS 144.410-144.525 and OAR 291-149.
   • Board of Parole: May advance an eligible prisoner's release date under ORS 144.126; this is a separate procedure from a court furlough motion.

2. County Jail Leave Limit: Temporary leave from county jail is limited to 10 days under ORS 169.115.

3. Work Release Eligibility: Requires minimum custody status and generally within 18 months of release.

4. Medical Release Exclusions: ORS 144.126(3) excludes prisoners sentenced to life without the possibility of release or parole under ORS 138.052 or 163.150.

5. Measure 11 Offenses: Inmates convicted of Measure 11 offenses (ORS 137.700/137.707) are excluded from work release until the minimum term is served.

6. Dangerous Offenders: Inmates classified as dangerous offenders under ORS 161.725-161.737 face additional restrictions.

7. Travel Restriction: Inmates must generally remain in Oregon unless written permission to leave is granted by ODOC or community corrections.

8. Earnings Deductions: Earnings are subject to deductions for board, restitution, fines, and support of dependents under ORS 137.520(4).

9. Escorted Assignments: Inmates may be required to be escorted to and from assignments under OAR 291-149.

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

Source

• ORS chapter 144, including ORS 144.122 and 144.126: https://www.oregonlegislature.gov/bills_laws/ors/ors144.html