MOTION FOR FURLOUGH

Table of Contents

1. Caption
2. Defendant/Inmate Information
3. Grounds for Furlough
4. Statutory Authority
5. Proposed Conditions of Furlough
6. Risk Assessment
7. Supporting Documentation
8. Proposed Order
9. Certificate of Service

Caption

STATE OF RHODE ISLAND
[________________________________] DIVISION

MOTION FOR FURLOUGH / TEMPORARY RELEASE

The Defendant/Inmate, [________________________________], by and through undersigned counsel, respectfully moves this Honorable Court to grant a furlough / temporary release from [________________________________] (correctional facility), and in support thereof states as follows:

Defendant/Inmate Information

Grounds for Furlough

☐ Category A — Serious Illness of Immediate Family Member
The Defendant's [________________________________] (relationship) is currently suffering from [________________________________] (medical condition) and is [hospitalized/receiving hospice care] at [________________________________].

☐ Category A — Funeral or Wake of Immediate Family Member
The Defendant's [________________________________] (relationship) passed away on [__/__/____]. The funeral/wake is scheduled for [__/__/____] at [________________________________].

☐ Category B — Family Visitation
The Defendant seeks to visit [________________________________] (name and relationship) at [________________________________] (location) for the purpose of [________________________________].

☐ Category B — Marriage License
The Defendant seeks temporary release to obtain a marriage license at [________________________________] (city/town clerk's office).

☐ Other Grounds Consistent with Rehabilitation and Reintegration
[________________________________]

Statutory Authority

This Motion is filed pursuant to Rhode Island General Laws § 42-56-18, which authorizes the Classification Board, by vote of at least three of five members and with the approval of the Director or designee, to grant furloughs to persons committed to the Adult Correctional Institutions (ACI).

The Rhode Island Department of Corrections Furlough Regulations, 240-RICR-40-00-2, establish the policy and procedures governing furloughs, including eligibility criteria, categories, conditions, and restrictions.

Applicable Provisions:
1. R.I. Gen. Laws § 42-56-18 — Authorization for furlough programs
2. 240-RICR-40-00-2 — Furlough program regulations and eligibility
3. R.I. Gen. Laws § 12-19.2-6 — Restrictions on certain offenders

Proposed Conditions of Furlough

The Defendant respectfully proposes the following conditions during the furlough period:

Additional Proposed Conditions:

☐ Defendant shall remain at the designated destination at all times unless otherwise authorized
☐ Defendant shall not consume alcohol or controlled substances
☐ Defendant shall not possess firearms or dangerous weapons
☐ Defendant shall comply with all federal, state, and local laws
☐ Defendant shall return to the facility by the designated date and time
☐ Defendant shall be accompanied by [________________________________] (DOC escort, if required)
☐ Defendant shall maintain telephone contact with the facility at intervals of [________________________________]
☐ Other: [________________________________]

Risk Assessment

1. Institutional Conduct: The Defendant has maintained [________________________________] (good/exemplary) conduct while incarcerated, with [____] disciplinary infractions in the past [____] months/years.

2. Classification Level: The Defendant is currently classified at [________________________________] security level, which is consistent with furlough eligibility.

3. Program Participation: The Defendant has participated in the following rehabilitative programs: [________________________________].

4. Community Ties: The Defendant has strong community ties, including [________________________________] (family, employment prospects, housing).

5. Prior Furlough History: [________________________________] (describe any prior furloughs and compliance).

6. Time Served: The Defendant has served [________________________________] of the imposed sentence.

Supporting Documentation

The following documents are attached in support of this Motion:

☐ Exhibit A — Medical documentation (hospital records, physician letter) regarding family emergency
☐ Exhibit B — Death certificate or obituary (if applicable)
☐ Exhibit C — Sponsor letter/affidavit from responsible party
☐ Exhibit D — Institutional conduct record
☐ Exhibit E — Classification and program participation summary
☐ Exhibit F — Proposed furlough plan/itinerary
☐ Exhibit G — [________________________________]

Proposed Order

STATE OF RHODE ISLAND
[________________________________] DIVISION

ORDER GRANTING FURLOUGH

Upon consideration of the Motion for Furlough filed by the Defendant, [________________________________], and for good cause shown:

IT IS HEREBY ORDERED that the Defendant is granted a furlough from [________________________________] (facility) for a period of [________________________________], commencing on [__/__/____] and concluding on [__/__/____], subject to the following conditions:

1. [________________________________]
2. [________________________________]
3. [________________________________]

IT IS FURTHER ORDERED that the Defendant shall remain committed to confinement during the period of furlough and shall return to the facility by [________________________________] (time) on [__/__/____].

IT IS FURTHER ORDERED that willful failure to return at the scheduled time shall subject the inmate to criminal charge of escape and all attendant penalties.

Date: [__/__/____]

___________________________________________
Judge, [________________________________] Division

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of this Motion for Furlough was served upon:

☐ Rhode Island Attorney General's Office — [________________________________]
☐ Rhode Island Department of Corrections — Classification Board — [________________________________]
☐ Victim(s) / Victim's Advocate (if applicable) — [________________________________]
☐ Other: [________________________________]

Method of Service: ☐ Hand Delivery ☐ U.S. Mail ☐ Electronic Filing ☐ Email

___________________________________________
Attorney for Defendant
[________________________________]
[________________________________] (Bar Number)
[________________________________] (Address)
[________________________________] (Phone)
[________________________________] (Email)

Rhode Island-Specific Notes

• Classification Board Approval Required: Furloughs require a vote of at least 3 of 5 Classification Board members plus Director approval.
• Life Without Parole: Persons serving life without parole are ineligible for furlough or any program permitting release from facility confinement.
• Failure to Return: Willful failure to return constitutes the crime of escape under Rhode Island law.
• Immediate Family Definition: For Category A furloughs, "immediate family" means spouse, child, parent, grandparent, grandchild, brother, or sister.
• Furlough Period: During furlough, the person remains committed to confinement at ACI even while outside the facility.