Motion for Furlough - South Dakota
MOTION FOR FURLOUGH AND TEMPORARY MODIFICATION OF PRETRIAL RELEASE CONDITIONS
Before use: Use this motion only in a pending criminal case with an existing court release order that the issuing court can amend under SDCL § 23A-43-7. DOC work or education release follows a separate warden route under § 24-8-1; this motion does not direct DOC to grant leave.
| Party | Role |
|---|---|
| STATE OF SOUTH DAKOTA | Plaintiff |
| v. | |
| [DEFENDANT FULL NAME] | Defendant |
IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT
[COUNTY] COUNTY, SOUTH DAKOTA
Case No.: [____________]
MOTION
Defendant, through [counsel / self-representation], asks the Court to amend the pretrial release order dated [__/__/____] for a limited absence from [JAIL OR CUSTODY LOCATION]. Defendant asks for a hearing if the Court requires one. The requested amendment, factual grounds, and proposed safeguards are stated below.
1. Existing order and requested change
- Defendant is charged with [CHARGES]. Trial or the next appearance is scheduled for [DATE AND TIME].
- The existing release order requires [DESCRIBE RETURN-TO-CUSTODY HOURS OR OTHER RESTRICTION]. A copy is attached as Exhibit [____].
- Defendant requests leave from [START DATE AND TIME] through [RETURN DATE AND TIME] solely for [SPECIFIC PURPOSE]. The destination is [ADDRESS].
- The request changes only the stated custody or travel condition during that interval. All other release conditions, including any no-contact order, would remain in force.
2. Grounds and supporting facts
- The reason for the requested leave is [DESCRIBE MEDICAL NEED, FAMILY EMERGENCY, OR OTHER CONCRETE EVENT].
- The event requires Defendant's presence because [EXPLAIN]. Relevant documents are attached as Exhibit [____].
- The proposed travel, supervision, and return plan is feasible because [IDENTIFY TRANSPORT, CONTACT PERSON, AND ARRANGEMENTS].
- Defendant has complied with the existing order as follows: [DESCRIBE COMPLIANCE AND ADDRESS ANY VIOLATIONS].
- The State's position, if known, is [CONSENTS / OBJECTS / NOT YET KNOWN]. Jail staff have been contacted about the logistics: [NAME, DATE, AND RESPONSE / NOT YET CONTACTED].
3. Legal basis
- SDCL § 23A-43-7 permits the court or committing magistrate that ordered conditional pretrial release to amend the order to impose different conditions. Section 23A-43-3 permits a condition requiring a defendant to return to custody after specified hours. Defendant asks the Court to assess the proposed change under the appearance and safety considerations in § 23A-43-2.
- Defendant understands that failing to return to custody after a temporary leave can constitute second degree escape under SDCL § 22-11A-2.1. Defendant will follow the return time and every condition the Court imposes.
4. Proposed limited conditions
Defendant proposes the following conditions during the requested interval, subject to the Court's decision:
- Departure from [FACILITY] at [DATE/TIME]; return to the same facility by [DATE/TIME].
- Direct travel to and from [DESTINATION], using [DRIVER / TRANSPORT METHOD].
- Presence only at [APPROVED LOCATIONS] for [PURPOSE], except for an emergency reported promptly to [CONTACT].
- Availability by telephone at [NUMBER]; check-ins with [SUPERVISOR] at [TIMES].
- Continued compliance with every existing no-contact, testing, monitoring, or travel restriction, except a restriction expressly modified in the order.
- Any additional condition the Court finds necessary to assure appearance and protect others: [____________].
5. Request for relief
Defendant asks the Court to enter a short order modifying the existing pretrial release conditions for the stated interval, directing the facility to implement the ordered departure and return schedule, and leaving all other release terms in place. Defendant requests a hearing if the State contests the motion or the Court needs further evidence.
Dated: [__/__/____]
Signature: ______________________________
Name: [ATTORNEY OR DEFENDANT]
State Bar No. (if counsel): [____________]
Address: [____________]
Phone and email: [____________]
CERTIFICATE OF SERVICE
I certify that on [__/__/____], I served this motion and its exhibits on [STATE'S ATTORNEY NAME] by [AUTHORIZED METHOD] at [SERVICE ADDRESS OR FILING SYSTEM]. I also provided a courtesy copy to [FACILITY CONTACT], if authorized by the Court's filing procedures.
Signature: ______________________________
PROPOSED ORDER
IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT
[COUNTY] COUNTY, SOUTH DAKOTA
State of South Dakota v. [DEFENDANT FULL NAME], Case No. [____________]
The Court has considered Defendant's motion, the existing release order dated [__/__/____], the State's position, and the information presented at [HEARING DATE / ON THE PAPERS]. The Court finds that the following temporary change to the existing pretrial release conditions is appropriate under SDCL § 23A-43-7.
IT IS ORDERED that Defendant may leave [FACILITY] no earlier than [DATE/TIME] solely to [PURPOSE AND DESTINATION] and shall return to [FACILITY] no later than [DATE/TIME]. Release is subject to these conditions: [SPECIFY TRAVEL, SUPERVISION, CONTACT, AND OTHER CONDITIONS]. All other conditions in the existing release order remain in effect.
The clerk shall provide this order to the parties and [FACILITY].
Dated: [__/__/____]
____________________________________
Circuit Judge
OFFICIAL SOURCES
About this template
- Last updated
- November 1, 2026
- Citations checked
- November 1, 2026
- Jurisdiction
- South Dakota
- Category
- Criminal Law
Legal authority
- SDCL § 23A-43-2 (pretrial release; appearance and safety considerations)
- SDCL § 23A-43-3 (conditions of pretrial release, including return to custody)
- SDCL § 23A-43-7 (amendment of an existing release order)
- SDCL § 22-11A-2.1 (failure to return from temporary leave)
- SDCL § 24-8-1 (separate DOC work and education release route)
Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 1, 2026.
SDCL § 24-8-1 (checked November 1, 2026): "the warden may release and provide for continued supervision of such an inmate to work at paid employment, or to participate in vocational training or other educational programs in the community"
SDCL § 23A-43-2 (checked November 1, 2026): "unless the magistrate or court determines in the exercise of his discretion, that such a release will not reasonably assure the appearance of the defendant as required or that the defendant may pose a danger to any other person or to the community."
SDCL § 23A-43-3 (checked November 1, 2026): "Impose any other condition reasonably necessary to assure the defendant's appearance as required, including a condition requiring that the defendant return to custody after specified hours."
SDCL § 23A-43-7 (checked November 1, 2026): "may at any time amend his or its order to impose additional or different conditions of release."
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