Motion for Furlough - Pennsylvania

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. Pennsylvania Practice Notes

1. CAPTION

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY
COMMONWEALTH OF PENNSYLVANIA
CRIMINAL DIVISION

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 Honorable Court for an order granting furlough / temporary release on the following grounds:

Type of Furlough Requested

☐ Work / Employment / Occupational Release (County — 42 Pa.C.S. § 9755.1)
☐ Educational / School Furlough
☐ Medical Furlough / Medical Leave
☐ Home Furlough / Temporary Home Furlough (DOC CCC)
☐ Emergency Furlough (funeral, family emergency)
☐ Reintegration / Rehabilitative Incentive Furlough
☐ Short Overnight / Curfew Furlough (DOC CCC)

Specific Grounds

[________________________________]
[________________________________]
[________________________________]

Duration Requested

4. STATUTORY AUTHORITY

A. County Temporary Release (42 Pa.C.S. § 9755.1; Act of 1963, P.L. 774)

The sentencing court may authorize temporary release for county inmates sentenced to less than five years for purposes of:

• Work / employment
• Education
• Medical treatment

The release is for necessary and reasonable hours and is subject to court-imposed conditions.

B. DOC Community Corrections Center (CCC) Furlough

The Pennsylvania Department of Corrections, through the Bureau of Community Corrections, administers furlough programs for residents of Community Corrections Centers. Furloughs include:

C. DOC CCC Eligibility

Residents must:

• Reside in the center for at least two weeks
• Maintain 32 hours of weekly productive activity (employment, education, community service)
• Pass site investigation and multi-level approval

D. County Sentence Limitation

County temporary release under 42 Pa.C.S. § 9755.1 is limited to prisoners sentenced to less than five years.

5. PROPOSED CONDITIONS OF RELEASE

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

☐ Approval by Counselor and Center Director (DOC CCC)
☐ Approval by Parole Agent (where applicable)
☐ Furlough site investigation and sponsor agreement completed
☐ Return to center for overnight (8 hours minimum) prior to subsequent furloughs
☐ Observe curfew (2300-0700 unless exception granted)
☐ Submit to random and monthly Breathalyzer/urinalysis testing
☐ Maintain employment/education/community service (32 hours/week minimum)
☐ No travel outside the Commonwealth of Pennsylvania
☐ No travel outside the region without Regional Director approval
☐ Reside at approved address: [________________________________]
☐ Maintain employment at: [________________________________]
☐ Report to supervising officer: [________________________________]
☐ Submit to electronic monitoring
☐ Other: [________________________________]

Furlough Site / Sponsor Information

6. RISK ASSESSMENT

A. Institutional Conduct Record

[________________________________]
[________________________________]

☐ No disciplinary infractions during CCC residency / incarceration
☐ Disciplinary history attached as Exhibit [____]

B. Program Participation and Productive Activity

[________________________________]
[________________________________]

☐ Maintains 32+ hours of weekly productive activity
☐ In compliance with CCC program requirements

C. CCC Residency Duration

☐ Has resided in CCC for at least 2 weeks
☐ Period of CCC residency: [________________________________]

D. Community Safety Assessment

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

[________________________________]
[________________________________]
[________________________________]

E. Prior Release History

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

7. SUPPORTING DOCUMENTATION

The following exhibits are attached in support of this Motion:

☐ Exhibit A: CCC progress reports and compliance documentation
☐ Exhibit B: Institutional conduct record
☐ Exhibit C: Employment verification
☐ Exhibit D: Educational enrollment
☐ Exhibit E: Furlough site investigation report
☐ Exhibit F: Sponsor agreement
☐ Exhibit G: Medical records (if medical furlough)
☐ Exhibit H: Letters of support from family / community members
☐ Exhibit I: Counselor and Center Director recommendation
☐ Exhibit [____]: [________________________________]

8. PROPOSED ORDER

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY
COMMONWEALTH OF PENNSYLVANIA
CRIMINAL DIVISION

ORDER ON MOTION FOR FURLOUGH / TEMPORARY RELEASE

AND NOW, this [____] day of [________________________________], [____], upon consideration of the Motion for Furlough filed by Defendant/Inmate [________________________________], and good cause appearing:

IT IS HEREBY ORDERED AND DECREED that:

1. The Motion for Furlough is GRANTED.
2. The Defendant/Inmate is authorized for furlough / temporary release from [__/__/____] to [__/__/____].
3. The Defendant/Inmate shall comply with all conditions imposed by the Court and the Department of Corrections.
4. The Defendant/Inmate shall not travel outside the Commonwealth of Pennsylvania.
5. The following additional conditions shall apply: [________________________________]

BY THE COURT:

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

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
Pennsylvania Bar ID No. [________________________________]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

10. PENNSYLVANIA PRACTICE NOTES

1. Dual Systems: Pennsylvania has separate furlough systems for county inmates (court-ordered under 42 Pa.C.S. § 9755.1) and state DOC residents (Bureau of Community Corrections CCC programs).

2. County Sentence Limit: County temporary release is limited to prisoners sentenced to less than five years.

3. DOC CCC Furlough Duration: Maximum of 6 consecutive nights and 7 days for home furloughs.

4. CCC Residency Requirement: Residents must have lived in the CCC for at least two weeks before furlough eligibility.

5. Productive Activity: CCC residents must maintain a combined weekly minimum of 32 hours of employment, education, or community service unless medically disabled.

6. Travel Restrictions: No travel outside the Commonwealth. Out-of-region travel requires Regional Director approval.

7. Curfew: CCC furlough curfew is generally 2300-0700 unless an exception is granted.

8. Testing: Random and at-least-monthly Breathalyzer/urinalysis testing is required during furlough.

9. Overnight Rule: The resident must return to the center for an overnight stay (8 hours minimum) before subsequent furloughs.

10. Multi-Level Approval: DOC CCC furloughs require approval by the assigned Counselor, Center Director, and Parole Agent (where applicable), as well as site investigation completion.

11. SIP/Commuted Exclusions: SIP Level 2 participants and certain commuted offenders may be ineligible for CCC furloughs.

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