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 TENNESSEE
[________________________________] COUNTY
[________________________________] COURT

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 [________________________________] (TDOC 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 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.

☐ 90 Days or Less Before Mandatory Parole Release
The Defendant's mandatory parole date is [__/__/____], which is within 90 days. The Defendant seeks furlough to facilitate reentry planning.

☐ 90 Days or Less Before Release Without Parole
The Defendant's release date is [__/__/____], which is within 90 days. The Defendant seeks furlough to facilitate community reintegration.

☐ Work Release/Educational Release Program Furlough
The Defendant is currently participating in a work release or educational release program and seeks a furlough of up to 2 days for the purpose of [________________________________].

Statutory Authority

This Motion is filed pursuant to the following Tennessee statutes:

1. Tenn. Code Ann. § 41-21-227 — Authorizes the Department of Correction to grant furloughs to inmates in adult correction institutions on an individual basis for: (1) serious illness or death of an immediate family member; (2) inmates recommended for parole; (3) inmates within 90 days of mandatory parole release; or (4) inmates within 90 days of release without parole.

2. Tenn. Code Ann. § 41-21-228 — Establishes conditions and restrictions governing furlough grants.

3. Tenn. Code Ann. § 41-21-239 — Requires notice to law enforcement officials when dangerous inmates are granted work release or furlough.

Key Statutory Provisions:
- Maximum furlough duration: 3 days (extensions by Commissioner for emergencies)
- Work release/educational release furloughs: maximum 2 days
- Furlough time is not credited against sentence
- The Commissioner may revoke a furlough upon written order if misused

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 Classification: ☐ The Defendant is NOT classified as a dangerous inmate. ☐ The Defendant IS classified as a dangerous inmate (law enforcement notice required per § 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 — [________________________________]

Proposed Order

STATE OF TENNESSEE
[________________________________] COUNTY

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 not to exceed [____] days, commencing on [__/__/____] and concluding on [__/__/____], subject to the following conditions:

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

IT IS FURTHER ORDERED that this furlough time shall not be credited against the Defendant's sentence pursuant to Tenn. Code Ann. § 41-21-227.

IT IS FURTHER ORDERED that the Tennessee Department of Correction shall be notified of this Order.

☐ IT IS FURTHER ORDERED that law enforcement officials in [________________________________] County shall be notified pursuant to Tenn. Code Ann. § 41-21-239.

Date: [__/__/____]

___________________________________________
Judge, [________________________________] Court

Certificate of Service

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

• Maximum Duration: Furloughs are limited to 3 days maximum; work release/educational release furloughs are limited to 2 days.
• No Sentence Credit: Furlough time does NOT count as time served and does not reduce the sentence.
• Commissioner Authority: The Commissioner may extend furloughs in emergencies and may revoke a furlough upon written order if the purpose is not being fulfilled.
• Dangerous Inmate Notice: Under § 41-21-239, law enforcement officials must be notified when a dangerous inmate is granted furlough.
• Escape Liability: Failure to return from furlough subjects the inmate to escape charges and penalties.
• TDOC Administration: Furloughs are ultimately granted by the Department of Correction; court orders may serve as recommendations.