Motion for Furlough - South Carolina

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 SOUTH CAROLINA
COUNTY OF [________________________________]
COURT OF [________________________________]

MOTION FOR FURLOUGH / TEMPORARY RELEASE

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

Defendant/Inmate Information

Grounds for Furlough

A. General Furlough (S.C. Code Ann. § 24-3-210)

☐ Terminally Ill Inmate — Indefinite Furlough
The Defendant has been diagnosed with [________________________________] (terminal condition) and there is reasonable cause to believe the Defendant will honor trust. Medical documentation is attached as Exhibit [____].

☐ Emergency Family Visit
The Defendant's [________________________________] (relationship) is critically ill/has passed away. Documentation is attached.

☐ Other Qualifying Purpose
[________________________________]

B. Supervised Furlough Program (S.C. Code Ann. § 24-13-710)

☐ Pre-Release Supervised Furlough
The Defendant has served the mandatory minimum sentence and requests placement in the supervised furlough program under the joint administration of SCDC and the Department of Probation, Parole and Pardon Services.

Eligibility Factors:
☐ Defendant has served the mandatory minimum sentence as required by law
☐ Defendant has not been convicted of a violent crime as defined in § 16-1-60
☐ Defendant has not been convicted of criminal sexual conduct in the third degree
☐ Defendant has not been convicted of criminal sexual conduct with a minor in the third degree
☐ Defendant demonstrates a desire to become a law-abiding member of society
☐ Defendant satisfies reasonable requirements imposed by SCDC
☐ Defendant has an identifiable need for and willingness to participate in community-based programs
☐ Total sentence is five years or less as first or second adult commitment

Statutory Authority

This Motion is filed pursuant to the following South Carolina statutes:

1. S.C. Code Ann. § 24-3-210 — Authorizes the SCDC Director to extend limits of confinement, including furlough for terminally ill inmates for an indefinite length of time when reasonable cause exists to believe the inmate will honor trust.

2. S.C. Code Ann. § 24-13-710 — Establishes the supervised furlough program jointly administered by SCDC and the Department of Probation, Parole and Pardon Services, permitting carefully screened and selected inmates to be released under supervision of state probation and parole agents.

3. S.C. Code Ann. § 24-13-720 — Sets forth eligibility criteria and guidelines for supervised furlough participation.

Proposed Conditions of Furlough

Additional Proposed Conditions:

☐ Defendant shall report to the assigned probation/parole agent as directed
☐ Defendant shall remain within [________________________________] County unless authorized
☐ Defendant shall not consume alcohol or controlled substances
☐ Defendant shall submit to random drug/alcohol testing
☐ Defendant shall not possess firearms or dangerous weapons
☐ Defendant shall comply with all federal, state, and local laws
☐ Defendant shall participate in [________________________________] (community-based program)
☐ Defendant shall maintain employment at [________________________________]
☐ Defendant shall submit to electronic monitoring if required
☐ Other: [________________________________]

Risk Assessment

1. Institutional Conduct: The Defendant has maintained [________________________________] conduct, with [____] disciplinary reports in the past [____] months/years.

2. Program Participation: The Defendant has completed or is participating in: [________________________________].

3. Community Ties: The Defendant has [________________________________] (family support, housing, employment prospects).

4. Criminal History: [________________________________] (describe nature and extent).

5. Prior Furlough/Release History: [________________________________].

6. Time Served: The Defendant has served [________________________________] of the imposed sentence, which ☐ exceeds / ☐ meets the mandatory minimum.

7. Victim Impact Considerations: [________________________________].

Supporting Documentation

☐ Exhibit A — Medical records/terminal diagnosis (if applicable)
☐ Exhibit B — SCDC institutional conduct and classification report
☐ Exhibit C — Program participation certificates/records
☐ Exhibit D — Community sponsor affidavit
☐ Exhibit E — Proposed residence verification
☐ Exhibit F — Employment verification or offer letter
☐ Exhibit G — Victim notification documentation
☐ Exhibit H — [________________________________]

Proposed Order

STATE OF SOUTH CAROLINA
COUNTY OF [________________________________]

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 general furlough / ☐ placement in the supervised furlough program from [________________________________] (facility), commencing on [__/__/____], subject to the following conditions:

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

IT IS FURTHER ORDERED that the South Carolina Department of Corrections and the Department of Probation, Parole and Pardon Services shall be notified of this Order.

IT IS FURTHER ORDERED that victim notification shall be completed pursuant to S.C. Code Ann. § 24-13-710 prior to release.

Date: [__/__/____]

___________________________________________
Judge, Court of [________________________________]

Certificate of Service

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

☐ Solicitor's Office, [________________________________] Judicial Circuit — [________________________________]
☐ South Carolina Department of Corrections — [________________________________]
☐ Department of Probation, Parole and Pardon Services — [________________________________]
☐ Victim(s) / Victim's Advocate — [________________________________]
☐ Sheriff's Office, [________________________________] County — [________________________________]
☐ Other: [________________________________]

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

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

South Carolina-Specific Notes

• Victim Notification Required: SCDC must notify victims and the local sheriff's office before releasing an inmate on supervised furlough per § 24-13-710.
• Violent Crime Exclusion: Inmates convicted of violent crimes as defined in § 16-1-60 are ineligible for the supervised furlough program.
• Sexual Offense Exclusion: Inmates convicted of criminal sexual conduct in the third degree or criminal sexual conduct with a minor in the third degree are ineligible.
• Sentence Limitation: For supervised furlough eligibility, total sentence must be five years or less as first or second adult commitment.
• Joint Administration: The supervised furlough program is jointly administered by SCDC and the Department of Probation, Parole and Pardon Services.
• Search and Seizure: Inmates on supervised furlough are subject to search and seizure provisions.