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

COMMONWEALTH OF VIRGINIA
IN THE [________________________________] COURT
[________________________________] COUNTY / CITY

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

A. General Furlough — Home or Family Visit (Va. Code § 53.1-37)

☐ Family Visitation
The Defendant seeks a furlough for the purpose of visiting [________________________________] (home/family) at [________________________________] (address). The requested duration is [____] days (maximum 3 days).

☐ Serious Illness of Family Member
The Defendant's [________________________________] (relationship) is seriously ill at [________________________________] (medical facility). Medical documentation is attached.

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

B. Pre-Parole Furlough (Va. Code § 53.1-37)

☐ Approved for Parole — 30 Days or Less Remaining
The Defendant has been approved for release on parole by the Virginia Parole Board, and [____] days (30 or fewer) remain to be served prior to the parole release date of [__/__/____]. The Defendant requests a furlough not exceeding 30 days to facilitate community reentry.

C. Local Work Release Program Furlough (Va. Code § 53.1-132)

☐ Work Release Program Participant
The Defendant is currently participating in a work release program at [________________________________] and requests a furlough for the purpose of visiting home or family, for a period not exceeding 3 days.

Statutory Authority

This Motion is filed pursuant to the following Virginia statutes:

1. Va. Code Ann. § 53.1-37 — Authorizes the Director to extend limits of confinement to permit a furlough for visiting home or family (maximum 3 days), or for up to 30 days when the prisoner has been approved for parole and 30 days or fewer remain before release.

2. Va. Code Ann. § 53.1-38 — Establishes ineligibility: any prisoner convicted of a felony under Chapter 4 of Title 18.2 (crimes against persons), arson, burglary, or robbery committed while on administrative furlough is ineligible for further furlough.

3. Va. Code Ann. § 53.1-132 — Authorizes furloughs from local work release programs for the purpose of visiting home or family, maximum 3 days.

Key Provisions:

• General furlough time does NOT count as time served and no sentence credits accrue
• Pre-parole furlough time does count toward the sentence
• Willful failure to remain or return: escape (same penalty as leaving the facility)
• Failure to remain or return without authority or just cause: Class 2 misdemeanor

Proposed Conditions of Furlough

Additional Proposed Conditions:

☐ Defendant shall remain within limits of confinement set by the Director
☐ 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 [________________________________] as directed
☐ Defendant shall be escorted by DOC personnel (if required)
☐ Defendant shall maintain telephone contact with the facility at intervals of [________________________________]
☐ Defendant shall not leave [________________________________] (county/city) without authorization
☐ 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, housing, employment).

5. Prior Furlough History: [________________________________].

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

7. Eligibility Confirmation: ☐ The Defendant has NOT been convicted of any offense while on prior furlough that would render the Defendant ineligible under § 53.1-38.

Supporting Documentation

☐ Exhibit A — Medical documentation for family illness/emergency
☐ Exhibit B — Death certificate, obituary, or funeral notice
☐ Exhibit C — Parole Board approval letter (if pre-parole furlough)
☐ 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 — Work release participation record (if applicable)
☐ Exhibit I — [________________________________]

Proposed Order

COMMONWEALTH OF VIRGINIA
IN THE [________________________________] COURT
[________________________________] COUNTY / CITY

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 of [____] days, commencing on [__/__/____] and concluding on [__/__/____], subject to the following conditions:

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

☐ IT IS FURTHER ORDERED that furlough time shall NOT count as time served against the sentence and no earned sentence credits or good conduct allowance shall accrue during the furlough period.

☐ IT IS FURTHER ORDERED that this is a pre-parole furlough and time shall count toward the sentence.

IT IS FURTHER ORDERED that the Virginia Department of Corrections shall be notified of this Order.

Date: [__/__/____]

___________________________________________
Judge

Certificate of Service

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

☐ Commonwealth's Attorney, [________________________________] — [________________________________]
☐ Virginia Department of Corrections — [________________________________]
☐ Virginia Parole Board (if applicable) — [________________________________]
☐ Victim(s) / Victim's Advocate — [________________________________]
☐ Local Sheriff/Work Release Director (if applicable) — [________________________________]
☐ Other: [________________________________]

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

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

Virginia-Specific Notes

• Maximum Duration: General furloughs are limited to 3 days. Pre-parole furloughs may be up to 30 days when the inmate has been approved for parole and 30 or fewer days remain.
• No Sentence Credit (General): General furlough time does NOT count as time served, and no earned sentence credits, good conduct allowance, or other sentence reductions accrue.
• Pre-Parole Exception: Pre-parole furlough time DOES count toward the sentence.
• Escape Penalties: Willful failure to remain or return constitutes escape with the same penalties as leaving the facility. Failure without authority or just cause is a Class 2 misdemeanor.
• Permanent Ineligibility: Under § 53.1-38, conviction of a violent felony (Ch. 4, Title 18.2), arson, burglary, or robbery while on furlough permanently bars future furloughs.
• Travel Expenses: Travel expenses for furloughed prisoners are governed by § 53.1-37.
• Director Authority: The Director of the Department of Corrections has authority to grant state facility furloughs; local work release directors have authority for local program furloughs.