Motion for Furlough - Virginia

MOTION FOR RECOMMENDATION / ADMINISTRATIVE REQUEST FOR FURLOUGH

AUTHORITY GATE: Va. Code §§ 53.1-37 and 53.1-132 do not authorize a court to grant a furlough or direct a correctional official to release an inmate. Section 53.1-37 places state-facility decisions with the Director of the Department of Corrections; § 53.1-132 places local work-release decisions with the program director. Use this packet as an administrative request or, only if current local practice permits, a request for a nonbinding court recommendation. Do not submit the proposed recommendation as an order compelling release.

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

REQUEST FOR NONBINDING RECOMMENDATION / ADMINISTRATIVE FURLOUGH

The Defendant/Inmate, [________________________________], by and through undersigned counsel, requests that the Court, if authorized by current law and local practice, make a nonbinding recommendation to the official who holds furlough authority. Alternatively, this packet may be addressed directly to that official as an administrative request. The requested furlough would be from [________________________________] (correctional facility), and the following information is supplied for review:

Defendant/Inmate Information

Grounds for Furlough

A. State-Facility 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).

☐ Family Visit Involving Serious Illness
The requested home-or-family visit concerns the serious illness of the Defendant's [________________________________] (relationship), who is at [________________________________] (medical facility). Medical documentation is attached. Section 53.1-37 does not list illness as a separate furlough category.

☐ Family Visit Associated with a Death or Funeral
The Defendant's [________________________________] (relationship) passed away on [__/__/____]. Services are scheduled for [__/__/____] at [________________________________]. Counsel must confirm that the Director treats this request as a permitted home-or-family visit; § 53.1-37 does not separately enumerate funeral attendance.

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 of the Department of Corrections, not the sentencing court, to extend the limits of confinement for a home-or-family visit (maximum three days plus authorized travel time) 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 — Makes a prisoner convicted of a listed felony committed while on administrative furlough ineligible for another furlough during the remainder of the sentence or sentences imposed before that furlough.

3. Va. Code Ann. § 53.1-132 — Authorizes the director of a qualifying local work-release program, not the sentencing court, to permit a participating offender a home-or-family furlough of no more than three 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
• Under § 53.1-37, willful failure to remain or return is escape; nonwillful failure without authority or just cause is a Class 2 misdemeanor
• Under § 53.1-132, failure without proper authority or just cause is a Class 1 misdemeanor and makes the offender ineligible for further work-release participation during the current term

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

NONBINDING RECOMMENDATION REGARDING FURLOUGH

Upon consideration of the request filed by the Defendant, [________________________________], and without purporting to exercise the statutory authority assigned to correctional officials:

THE COURT RECOMMENDS that the official holding authority under Va. Code § 53.1-37 or § 53.1-132 consider a furlough from [________________________________] (facility) for a period of [____] days, commencing on [__/__/____] and concluding on [__/__/____], subject to every condition that official lawfully imposes, including the following proposed conditions:

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

☐ RECOMMENDATION NOTE — GENERAL FURLOUGH: The approving official should apply § 53.1-37(A) or § 53.1-132, under which furlough time does not count as time served and no identified sentence credit accrues.

☐ RECOMMENDATION NOTE — PRE-PAROLE FURLOUGH: The request is under § 53.1-37(C), for which the exception in subsection A applies.

This recommendation does not grant release, bind the Department of Corrections or a local work-release director, or replace any required administrative application, approval, notice, or supervision plan.

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.
• Different Violation Rules: Under § 53.1-37, willful failure to remain or return is escape and nonwillful failure without authority or just cause is a Class 2 misdemeanor. Under § 53.1-132, failure without proper authority or just cause is a Class 1 misdemeanor and ends further work-release eligibility during the current term.
• Later Ineligibility: Under § 53.1-38, conviction of a listed felony committed while on administrative furlough bars another furlough during the remainder of the sentence or sentences imposed before that furlough.
• Travel Expenses: Travel expenses for furloughed prisoners are governed by § 53.1-37.
• Decisionmaker: The Director of the Department of Corrections has authority over state-facility furloughs; the applicable program director has authority over local work-release furloughs. The cited statutes do not confer that authority on the sentencing court.

Current Official Sources Checked for This Authority Section

• Va. Code § 53.1-37: https://law.lis.virginia.gov/vacode/title53.1/chapter2/section53.1-37/
• Va. Code § 53.1-38: https://law.lis.virginia.gov/vacode/title53.1/chapter2/section53.1-38/
• Va. Code § 53.1-132: https://law.lis.virginia.gov/vacode/title53.1/chapter3/section53.1-132/