Request for TDOC Furlough Consideration and Judicial Recommendation - Tennessee

REQUEST FOR TDOC FURLOUGH CONSIDERATION

AND MOTION FOR JUDICIAL RECOMMENDATION

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. Optional Judicial Recommendation
9. Certificate of Service

Caption

STATE OF TENNESSEE
[________________________________] COUNTY
[________________________________] COURT

REQUEST FOR TDOC CONSIDERATION / JUDICIAL RECOMMENDATION

The Defendant/Inmate, [________________________________], by and through undersigned counsel, requests that the Tennessee Department of Correction (TDOC) consider a furlough under its governing authority and policies. If counsel confirms that this Court has a lawful procedural basis to receive the filing, the Defendant/Inmate also asks the Court to transmit a nonbinding recommendation to TDOC.

Authority gate: This filing does not ask the Court to order release or to grant a furlough. Eligibility, approval, duration, conditions, supervision, revocation, and release remain for TDOC and the Commissioner or other officials designated by current law and policy. Before filing, counsel must obtain the current text of Tenn. Code Ann. §§ 41-21-227 through 41-21-239, current TDOC policies and forms, and any local filing authority.

Defendant/Inmate Information

Grounds for Furlough

These are screening prompts, not a statement that the inmate qualifies. Counsel must match any selected ground to the complete current statute and TDOC policy.

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

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

☐ Parole Board Recommendation
The Defendant has been recommended for parole by the Tennessee Board of Parole. The recommended parole date is [__/__/____]. Documentation is attached.

☐ Approaching Mandatory Parole Release — Verify Current Threshold
The Defendant's mandatory parole date is [__/__/____]. The current statutory timing threshold, if any, is [________________________________]. The Defendant seeks consideration for reentry planning.

☐ Approaching Release Without Parole — Verify Current Threshold
The Defendant's release date is [__/__/____]. The current statutory timing threshold, if any, is [________________________________]. The Defendant seeks consideration for community reintegration.

☐ Work Release/Educational Release Program Furlough
The Defendant is currently participating in [________________________________] and requests consideration for [________________________________]. Counsel must verify that current law and policy authorize this route and duration.

Statutory Authority

The following Tennessee statutes govern TDOC furloughs and related conditions or notice. They do not, by themselves, establish authority for a sentencing court to compel TDOC to release an inmate:

1. Tenn. Code Ann. § 41-21-227 — Furlough authority. Obtain and verify the complete current section before relying on any eligibility category or procedure.

2. Tenn. Code Ann. § 41-21-228 — Furlough conditions. Obtain and verify the complete current section before proposing any condition.

3. Tenn. Code Ann. § 41-21-239 — Work-release or furlough notice concerning dangerous inmates. Confirm the current trigger, recipient, timing, and responsible official.

Current decision-maker evidence: 2026 Tenn. Pub. Acts ch. 631 amended the medical-furlough reporting provisions in § 41-21-227(i). The official act distinguishes the departmental director of medical services' recommendation from the Commissioner's decision and reports whether an individual was granted and released. That structure confirms a Department/Commissioner process; it does not authorize a court to grant the furlough.

Current-law verification checklist:

• Exact eligibility category and required initiator: [________________________________]
• TDOC policy/form and facility submission route: [________________________________]
• Authorized decision-maker: [________________________________]
• Maximum duration and extension authority: [________________________________]
• Sentence-credit and revocation rules: [________________________________]
• Notice duties, including any dangerous-inmate notice: [________________________________]

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 [________________________________] (time) on [__/__/____]
☐ Defendant shall report to facility by telephone at intervals of [________________________________]
☐ Defendant shall be escorted by TDOC personnel (if required)
☐ Defendant shall not leave [________________________________] County
☐ 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, community support, housing).

5. Prior Furlough History: [________________________________].

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

7. Dangerous-Inmate Screening: ☐ Counsel has confirmed the current classification and notice rules do not apply. ☐ Counsel has identified a possible classification or notice issue requiring TDOC review under current § 41-21-239.

Supporting Documentation

☐ Exhibit A — Medical documentation for family illness/emergency
☐ Exhibit B — Death certificate, obituary, or funeral notice
☐ Exhibit C — Parole Board recommendation (if applicable)
☐ Exhibit D — Institutional conduct and classification report
☐ Exhibit E — Program participation records
☐ Exhibit F — Community sponsor affidavit
☐ Exhibit G — Proposed furlough plan/itinerary
☐ Exhibit H — Release eligibility calculation
☐ Exhibit I — [________________________________]

Optional Judicial Recommendation

STATE OF TENNESSEE
[________________________________] COUNTY

NONBINDING JUDICIAL RECOMMENDATION FOR TDOC CONSIDERATION

After reviewing the request submitted by [________________________________], the Court makes no order directing release and does not decide statutory or policy eligibility.

Subject to TDOC's independent review and the authority of the Commissioner or other designated official, the Court:

☐ Makes no recommendation.

☐ Recommends that TDOC consider the request and supporting materials.

☐ Recommends consideration of the following proposed plan, without directing approval, duration, release, or conditions: [________________________________].

Reasons, if any: [________________________________]

Suggested matters for TDOC's consideration, if legally permitted:

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

This recommendation is nonbinding. TDOC must determine all eligibility, notice, duration, supervision, release, sentence-credit, and revocation questions under current law and policy.

Date: [__/__/____]

___________________________________________
Judge, [________________________________] Court

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of this request and motion for judicial recommendation was served upon:

☐ District Attorney General, [________________________________] Judicial District — [________________________________]
☐ Tennessee Department of Correction — [________________________________]
☐ Victim(s) / Victim's Advocate — [________________________________]
☐ Local Law Enforcement (if applicable) — [________________________________]
☐ Other: [________________________________]

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

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

Tennessee-Specific Notes

• TDOC administration: Do not present a judicial signature as an order releasing an inmate. Route the request through the current TDOC process and identify the official empowered to decide it.
• Medical furlough: Public Chapter 631 (2026), effective July 1, 2026, describes a departmental medical-services recommendation followed by a Commissioner's decision for medical furlough reporting under § 41-21-227(i).
• Unverified details: Do not rely on this form for eligibility categories, maximum duration, extensions, sentence credit, revocation, escape consequences, or notice recipients until counsel verifies the complete current Code and TDOC policy.
• Local authority: A court recommendation should be requested only if counsel identifies a valid procedural vehicle and confirms the court accepts such a filing.

Sources and References

• 2026 Tenn. Pub. Acts ch. 631 — S.B. 175, effective July 1, 2026 (official Tennessee Secretary of State)