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

IN THE [________________________________] COURT
[________________________________] JUDICIAL DISTRICT
[________________________________] COUNTY, TEXAS

MOTION FOR FURLOUGH / TEMPORARY RELEASE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, [________________________________], Defendant/Inmate, by and through undersigned counsel, and respectfully moves this Honorable Court to grant or recommend a furlough / temporary release from [________________________________] (TDCJ facility), and in support thereof would show the Court as follows:

Defendant/Inmate Information

Grounds for Furlough

A. State Jail Furlough (Tex. Gov't Code § 507.031)

☐ Treatment and Supervision at HHSC Facility
The Defendant requires treatment at a facility operated by the Health and Human Services Commission for [________________________________] (condition/treatment).

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

☐ Visit Critically Ill Relative
The Defendant's [________________________________] (relationship) is critically ill at [________________________________] (medical facility). Medical documentation is attached.

☐ Programmatic Activity Sanctioned by State Jail Division
The Defendant seeks to participate in [________________________________] (sanctioned program/activity).

B. TDCJ Special Absence / Reprieve for Family Emergency

☐ Special Absence (Furlough)
The Defendant requests a special absence from TDCJ for the purpose of [________________________________].

☐ Reprieve for Family Emergency (Board of Pardons and Paroles)
The Defendant requests a reprieve for family emergency to [________________________________] (attend funeral / visit critically ill relative). This request is submitted through the Board's Clemency Section.

Statutory Authority

This Motion is filed pursuant to the following Texas authorities:

1. Tex. Gov't Code § 507.031 — Authorizes the director of a state jail felony facility to grant furlough to a defendant for treatment at HHSC facilities, attendance at funerals, visits to critically ill relatives, or participation in sanctioned programmatic activities. A furloughed defendant remains in state jail division custody.

2. Tex. Gov't Code § 501.001 et seq. — General provisions governing the Texas Department of Criminal Justice, including administration of special absence programs.

3. Tex. Const. Art. IV, § 11(b) — Provides executive clemency authority, including reprieves for family emergencies processed through the Board of Pardons and Paroles.

Key Provisions:
- A furloughed defendant is considered in the custody of the state jail division even while not under physical guard
- The state jail division shall adopt policies for administration of the furlough program
- Reprieves are temporary releases, not discharges from custody

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 be escorted by TDCJ personnel
☐ Defendant shall maintain telephone contact with the unit at intervals of [________________________________]
☐ Defendant shall not leave [________________________________] County without authorization
☐ Defendant shall submit to electronic monitoring if required
☐ Other: [________________________________]

Risk Assessment

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

2. Classification/Custody Level: The Defendant is currently classified at [________________________________] custody level.

3. Program Participation: The Defendant has completed/is participating in: [________________________________].

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

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

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

7. Criminal History: [________________________________].

Supporting Documentation

☐ Exhibit A — Medical documentation for critically ill relative
☐ Exhibit B — Death certificate, obituary, or funeral notice
☐ Exhibit C — HHSC treatment referral/documentation (if applicable)
☐ Exhibit D — TDCJ institutional conduct record
☐ Exhibit E — Classification summary
☐ Exhibit F — Community sponsor affidavit
☐ Exhibit G — Proposed furlough plan/itinerary
☐ Exhibit H — Board of Pardons and Paroles Form FMR-10 (if reprieve)
☐ Exhibit I — [________________________________]

Proposed Order

IN THE [________________________________] COURT
[________________________________] JUDICIAL DISTRICT
[________________________________] COUNTY, TEXAS

ORDER GRANTING FURLOUGH / RECOMMENDATION FOR FURLOUGH

On this day came to be heard the Motion for Furlough filed by the Defendant, [________________________________], and the Court having considered the same and being of the opinion that good cause exists:

IT IS HEREBY ORDERED / RECOMMENDED that the Defendant be granted a furlough from [________________________________] (unit/facility) for a period of [________________________________], commencing on [__/__/____] and concluding on [__/__/____], subject to the following conditions:

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

IT IS FURTHER ORDERED that the Defendant shall remain in the custody of TDCJ during the furlough period.

IT IS FURTHER ORDERED that TDCJ shall be notified of this Order/Recommendation.

SIGNED on [__/__/____].

___________________________________________
Judge Presiding

Certificate of Service

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

☐ [________________________________] County District Attorney's Office — [________________________________]
☐ Texas Department of Criminal Justice — [________________________________]
☐ Board of Pardons and Paroles, Clemency Section (if reprieve) — [________________________________]
☐ Victim(s) / Victim Services Division — [________________________________]
☐ Other: [________________________________]

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

___________________________________________
Attorney for Defendant
[________________________________]
[________________________________] (State Bar No.)
[________________________________] (Address)
[________________________________] (Phone)
[________________________________] (Email)

Texas-Specific Notes

• State Jail vs. TDCJ-ID: Furlough authority under § 507.031 applies specifically to state jail felony facilities. TDCJ-ID inmates use the special absence process or reprieve through the Board of Pardons and Paroles.
• Custody Status: A furloughed defendant remains in TDCJ custody even while not under physical guard.
• Reprieve Process: Reprieves for family emergency are processed through the Board of Pardons and Paroles Clemency Section using Form FMR-10. The more practical alternative for time-sensitive matters is to request a special absence (furlough) directly from TDCJ.
• No Discharge: A reprieve is a temporary release from sentence terms, NOT a discharge from correctional custody.
• TDCJ Policy: The state jail division adopts internal policies for furlough administration; consult current TDCJ administrative directives.