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

IN THE [________________________________] DISTRICT COURT
[________________________________] JUDICIAL DISTRICT
[________________________________] COUNTY, STATE OF UTAH

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 [________________________________] (correctional facility), and in support thereof states as follows:

Defendant/Inmate Information

Grounds for Furlough

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

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

☐ Obtain Medical Services
The Defendant requires medical treatment for [________________________________] that is not available at the correctional facility. Supporting medical documentation is attached.

☐ Contact Prospective Employers
The Defendant has an employment opportunity with [________________________________] and requires temporary release to [________________________________] (attend interview, complete paperwork, begin orientation).

☐ Secure Suitable Residence
The Defendant seeks to secure housing at [________________________________] in preparation for release on [__/__/____].

☐ Reentry/Reintegration
The Defendant is within [____] days of release and requires furlough for community reintegration purposes, specifically [________________________________].

☐ Other Purpose Consistent with Rehabilitation
[________________________________]

Statutory Authority

This Motion is filed pursuant to the following Utah statutes:

1. Utah Code Ann. § 64-13-1 et seq. — Establishes the Department of Corrections and authorizes administration of programs for inmates of the state prison, including furlough programs.

2. Utah Code Ann. § 77-34-1 et seq. — Enacts the Uniform Interstate Furlough Compact, providing a framework for interstate furlough cooperation and establishing authorized reasons for granting furlough.

3. Utah Code Ann. § 77-34-3 — Enumerates authorized reasons for granting furlough, including visiting critically ill relatives, attending funerals, obtaining medical services, contacting prospective employers, securing suitable residence, or for any other reason consistent with rehabilitation.

Key Provisions:

• Maximum furlough period: 15 days including travel time
• Extensions may be granted for emergency circumstances
• Furloughed inmates on interstate compact remain subject to receiving state laws

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 report to [________________________________] (supervision contact) as directed
☐ Defendant shall submit to electronic monitoring if required
☐ Defendant shall not leave [________________________________] County without authorization
☐ Defendant shall be escorted by DOC personnel (if required)
☐ Other: [________________________________]

Risk Assessment

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

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

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

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

5. Prior Furlough History: [________________________________].

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

7. Board of Pardons and Parole Status: [________________________________].

Supporting Documentation

☐ Exhibit A — Medical documentation for critically ill relative
☐ Exhibit B — Death certificate, obituary, or funeral notice
☐ Exhibit C — Employment verification or offer letter
☐ Exhibit D — Housing verification
☐ Exhibit E — Institutional conduct and classification report
☐ Exhibit F — Program participation records
☐ Exhibit G — Community sponsor affidavit
☐ Exhibit H — Proposed furlough plan/itinerary
☐ Exhibit I — [________________________________]

Proposed Order

IN THE [________________________________] DISTRICT COURT
[________________________________] COUNTY, STATE OF UTAH

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 the Utah Department of Corrections shall be notified of this Order/Recommendation.

Date: [__/__/____]

___________________________________________
District Court Judge

Certificate of Service

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

☐ [________________________________] County Attorney's Office / District Attorney — [________________________________]
☐ Utah Department of Corrections — [________________________________]
☐ Board of Pardons and Parole (if applicable) — [________________________________]
☐ Victim(s) / Office of Victims of Crime — [________________________________]
☐ Other: [________________________________]

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

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

Utah-Specific Notes

• DOC Administration: Furlough programs are administered by the Utah Department of Corrections; court orders typically serve as recommendations.
• Maximum Duration: Furloughs may be granted for up to 15 days including travel time; extensions permitted for emergencies.
• Interstate Furlough Compact: If the furlough destination is outside Utah, the Uniform Interstate Furlough Compact (§ 77-34) governs, and the inmate is subject to receiving state laws.
• Board of Pardons and Parole: The Board determines inmate eligibility for furlough, compassionate leave, or community corrections participation.
• Private Provider Contracting: Under § 64-13-26, the Department may contract with private providers for care and supervision of furloughed offenders.