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 VERMONT
[________________________________] UNIT
[________________________________] COUNTY
SUPERIOR COURT — CRIMINAL DIVISION

MOTION FOR FURLOUGH / TEMPORARY RELEASE

The Defendant/Inmate, [________________________________], by and through undersigned counsel, respectfully moves this Honorable Court to grant a furlough / temporary release from [________________________________] (correctional facility), and in support thereof states as follows:

Defendant/Inmate Information

Grounds for Furlough

A. Temporary Furlough (28 V.S.A. § 808)

☐ Family Emergency — Serious Illness
The Defendant's [________________________________] (relationship) is seriously ill at [________________________________]. Medical documentation is attached.

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

☐ Other Temporary Purpose
The Defendant requests a temporary furlough for a defined period for the purpose of [________________________________].

B. Medical Furlough (28 V.S.A. § 808a)

☐ Terminal or Debilitating Condition
The Defendant has been diagnosed with [________________________________], a terminal or debilitating condition rendering the Defendant unlikely to be physically capable of presenting a danger to society. Medical documentation is attached.

C. Treatment Furlough (28 V.S.A. § 808b)

☐ Residential Treatment Not Available in Facility
The Defendant requires residential treatment for [________________________________] (substance abuse / personal violence / other) that is not available in the correctional facility. The proposed treatment program is [________________________________] located at [________________________________].

☐ Sentencing judge approval obtained: ☐ Yes ☐ No ☐ Not required (minimum served)

D. Reintegration Furlough (28 V.S.A. § 723)

☐ Pre-Release Reintegration
The Defendant's minimum release date is [__/__/____], which is within 180 days. The Defendant seeks reintegration furlough to facilitate community transition, including [________________________________] (housing, employment, family reunification, program participation).

Statutory Authority

This Motion is filed pursuant to the following Vermont statutes:

1. 28 V.S.A. § 808 — Authorizes the Department to extend limits of confinement for temporary furlough where the offender agrees to comply with conditions of supervision.

2. 28 V.S.A. § 808a — Authorizes the Commissioner to place on medical furlough any inmate diagnosed with a terminal or debilitating condition rendering the inmate unlikely to present a danger to society, including inmates who have not served the minimum term.

3. 28 V.S.A. § 808b — Authorizes treatment furlough for inmates needing residential treatment services not available in correctional facilities (e.g., substance abuse, personal violence), with sentencing judge approval if the minimum term has not been served.

4. 28 V.S.A. § 723 — Provides that all sentenced inmates are eligible for reintegration furlough for up to 180 days prior to their minimum release date.

5. 13-026 Code Vt. R. 13-130-026-X — Regulations governing the granting of reintegration furlough.

Electronic Monitoring: The Department may use GPS monitoring, automated voice recognition telephone equipment, and transdermal alcohol monitoring equipment for supervision of furloughed individuals.

Proposed Conditions of Furlough

Additional Proposed Conditions:

☐ Defendant shall comply with all conditions of supervision imposed by DOC
☐ Defendant shall not consume alcohol or controlled substances
☐ Defendant shall submit to drug/alcohol testing as directed
☐ Defendant shall not possess firearms or dangerous weapons
☐ Defendant shall comply with all federal, state, and local laws
☐ Defendant shall maintain contact with DOC as directed
☐ Defendant shall submit to electronic monitoring (GPS, voice recognition, transdermal alcohol)
☐ Defendant shall reside at the approved address and not change residence without permission
☐ Defendant shall participate in [________________________________] (treatment/program)
☐ Defendant shall maintain employment at [________________________________]
☐ 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 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. Minimum served: ☐ Yes ☐ No.

7. Treatment Needs: [________________________________] (if treatment furlough).

8. Medical Status: [________________________________] (if medical furlough).

Supporting Documentation

☐ Exhibit A — Medical documentation (terminal/debilitating diagnosis or family emergency)
☐ Exhibit B — Death certificate, obituary, or funeral notice (if applicable)
☐ Exhibit C — Treatment program acceptance letter (if treatment furlough)
☐ Exhibit D — Institutional conduct and classification report
☐ Exhibit E — Program participation records
☐ Exhibit F — Community sponsor affidavit
☐ Exhibit G — Reintegration plan (if reintegration furlough)
☐ Exhibit H — Employment verification
☐ Exhibit I — Housing verification
☐ Exhibit J — Sentencing judge approval (if treatment furlough, minimum not served)
☐ Exhibit K — [________________________________]

Proposed Order

STATE OF VERMONT
SUPERIOR COURT — CRIMINAL DIVISION
[________________________________] UNIT

ORDER GRANTING FURLOUGH

Upon consideration of the Motion for Furlough filed by the Defendant, [________________________________], and for good cause shown:

IT IS HEREBY ORDERED that the Defendant is granted a ☐ temporary / ☐ medical / ☐ treatment / ☐ reintegration furlough from [________________________________] (facility), commencing on [__/__/____], subject to the following conditions:

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

☐ IT IS FURTHER ORDERED that the sentencing judge approves the treatment furlough pursuant to 28 V.S.A. § 808b, the Defendant not having served the minimum term of sentence.

IT IS FURTHER ORDERED that the Vermont Department of Corrections shall be notified of this Order and shall implement supervision conditions as deemed appropriate.

Date: [__/__/____]

___________________________________________
Judge, Superior Court — Criminal Division

Certificate of Service

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

☐ State's Attorney, [________________________________] County — [________________________________]
☐ Vermont Department of Corrections — [________________________________]
☐ Victim(s) / Victim's Advocate — [________________________________]
☐ Sentencing Judge (if different from presiding judge) — [________________________________]
☐ Treatment Program (if applicable) — [________________________________]
☐ Other: [________________________________]

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

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

Vermont-Specific Notes

• Four Furlough Types: Vermont provides temporary, medical, treatment, and reintegration furloughs, each with distinct eligibility criteria.
• Medical Furlough: Available even to inmates who have NOT served the minimum term if they are diagnosed with a terminal or debilitating condition.
• Treatment Furlough: Requires sentencing judge approval if the inmate has not yet served the minimum term. Available for substance abuse, personal violence, and other residential treatment needs.
• Reintegration Furlough: Available to all sentenced inmates up to 180 days before minimum release date.
• Electronic Monitoring: DOC may deploy GPS, automated voice recognition, and transdermal alcohol monitoring for furlough supervision.
• Violation Consequences: Any law enforcement officer, DOC employee, or correctional officer may immediately lodge or arrest an offender believed to be in violation of furlough conditions.
• DOC Discretion: The Department has sole discretion over conditions of supervision for furloughed offenders.