Motion for Furlough

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 DAKOTA
COUNTY OF [________________________________]
[________________________________] JUDICIAL CIRCUIT COURT

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

☐ Serious Illness of Immediate Family Member
The Defendant's [________________________________] (relationship) is critically ill at [________________________________] (medical facility). Medical documentation is attached as Exhibit [____].

☐ Death/Funeral of Immediate Family Member
The Defendant's [________________________________] (relationship) passed away on [__/__/____]. Services are scheduled for [__/__/____] at [________________________________].

☐ Medical Treatment
The Defendant requires medical treatment not available at the correctional facility, specifically [________________________________]. Supporting medical documentation is attached.

☐ Pre-Release Planning
The Defendant is within [____] days of release and requires furlough for the purpose of [________________________________] (securing housing, employment, enrollment in programs).

☐ Work Release Participation
The Defendant seeks furlough in connection with participation in a work release program at [________________________________].

☐ Other Rehabilitative Purpose
[________________________________]

Statutory Authority

This Motion is filed pursuant to South Dakota law authorizing furlough and temporary release programs:

1. S.D. Codified Laws Ch. 24-2 — Authorizes the Department of Corrections to administer programs for inmates of the state penitentiary, including furlough programs.

2. S.D. Codified Laws Ch. 24-5 — Establishes work release and furlough programs for eligible inmates.

3. S.D. Codified Laws § 24-15-8.2 — Provides for notification to victims or sentencing judges of an inmate's furlough, work release, or escape, upon written request.

4. S.D. Codified Laws § 22-11A-2.1 — Defines failure to return from temporary leave as second degree escape, a Class 5 felony.

Proposed Conditions of Furlough

Additional Proposed Conditions:

☐ Defendant shall remain at the designated destination at all times
☐ 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 escorted by DOC personnel (if required)
☐ Defendant shall maintain telephone contact with the facility at intervals of [________________________________]
☐ Defendant shall submit to electronic monitoring if required
☐ Defendant shall not leave [________________________________] County without authorization
☐ Other: [________________________________]

Risk Assessment

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

2. Security Classification: The Defendant is currently classified at [________________________________] level.

3. Program Participation: The Defendant has participated in: [________________________________].

4. Community Ties: The Defendant has [________________________________] (family, employment, housing arrangements).

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

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

7. Flight Risk Assessment: [________________________________].

Supporting Documentation

☐ Exhibit A — Medical documentation for family emergency (if applicable)
☐ Exhibit B — Death certificate or obituary (if applicable)
☐ Exhibit C — Institutional conduct and classification report
☐ Exhibit D — Program participation records
☐ Exhibit E — Community sponsor affidavit
☐ Exhibit F — Proposed furlough plan/itinerary
☐ Exhibit G — Employment verification (if pre-release)
☐ Exhibit H — [________________________________]

Proposed Order

STATE OF SOUTH DAKOTA
COUNTY OF [________________________________]
[________________________________] JUDICIAL CIRCUIT COURT

ORDER GRANTING FURLOUGH / RECOMMENDATION FOR FURLOUGH

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

IT IS HEREBY ORDERED / RECOMMENDED that the Defendant be 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 South Dakota Department of Corrections shall be notified of this Order/Recommendation.

IT IS FURTHER ORDERED that victim notification shall be completed as required by S.D. Codified Laws § 24-15-8.2.

Date: [__/__/____]

___________________________________________
Judge, [________________________________] Judicial Circuit

Certificate of Service

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

☐ State's Attorney, [________________________________] County — [________________________________]
☐ South Dakota Department of Corrections — [________________________________]
☐ Victim(s) / Victim's Advocate (if applicable) — [________________________________]
☐ Sentencing Judge (if different from presiding judge) — [________________________________]
☐ Other: [________________________________]

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

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

South Dakota-Specific Notes

• DOC Administration: Furlough programs are administered by the South Dakota Department of Corrections; court orders may serve as recommendations to DOC.
• Victim/Judge Notification: Under § 24-15-8.2, victims or sentencing judges who have filed written requests must be notified of furlough placement.
• Failure to Return: Failure to return from furlough or temporary leave constitutes second degree escape under § 22-11A-2.1, a Class 5 felony.
• Class 5 Felony Penalty: A Class 5 felony carries a maximum of 5 years imprisonment and/or a $10,000 fine.
• Work Release Connection: Furloughs may be connected to or granted in conjunction with work release programs under Chapter 24-5.