Motion for Furlough - Vermont

MOTION FOR FURLOUGH

Table of Contents

1. Caption
2. Defendant/Inmate Information
3. Grounds for Court Approval
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, [________________________________], through undersigned counsel, requests the limited court action authorized by 28 V.S.A. § 808a for treatment furlough. Check the applicable route below. The Department of Corrections retains the decision whether to place an already sentenced offender on treatment furlough under § 808a(b).

Defendant/Inmate Information

Grounds for Court Approval

☐ Treatment furlough at sentencing — § 808a(a). At sentencing, the Court may place the offender on treatment furlough to participate in a Department-administered community program reducing risk of reoffense or providing supervised work that repairs harm to the community. Identify the proposed program and the sentencing posture: [________________________________].

☐ Prior approval of DOC treatment furlough before the minimum term — § 808a(b). DOC has determined that the offender needs residential treatment unavailable in a correctional facility and seeks prior judicial approval. The offender has not served the minimum term. DOC's determination and the proposed hospital or residential treatment facility serving the general population are attached as Exhibit [____].

DOC contact and proposed placement: [________________________________]

Minimum term served? ☐ No (required for the § 808a(b) prior-approval route)

Treatment need and facility availability: [________________________________]

Proposed facility and program: [________________________________]

Statutory Authority

Section 808a(a) permits the sentencing court to place an offender on treatment furlough in a Department-administered community program. Under § 808a(b), DOC may place an offender who has not served the minimum term on residential treatment furlough only after obtaining approval from the sentencing judge, if available, or another Superior Court judge. DOC makes the treatment-need determination and the placement decision.

Temporary and medical furlough decisions under § 808, and community supervision furlough under § 723, belong to DOC. This motion does not ask the Court to order those placements. Section 808b was repealed effective January 1, 2021.

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. Treatment placement readiness: [________________________________].

Supporting Documentation

☐ Exhibit A — DOC treatment-need determination (for § 808a(b))
☐ Exhibit B — Proposed facility or program acceptance letter
☐ Exhibit C — Institutional conduct and classification report
☐ Exhibit D — Program participation records
☐ Exhibit E — Community sponsor affidavit
☐ Exhibit F — Treatment and community transition plan
☐ Exhibit G — Employment verification
☐ Exhibit H — Housing verification
☐ Exhibit I — DOC request for prior approval (if applicable)
☐ Exhibit J — [________________________________]

Proposed Order

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

ORDER ON TREATMENT FURLOUGH REQUEST UNDER 28 V.S.A. § 808a

After considering the motion and supporting record, the Court orders:

☐ Sentencing placement, § 808a(a): The offender is placed on treatment furlough to participate in the Department-administered program identified in the sentencing record, subject to lawful DOC administration and supervision.

☐ Prior approval, § 808a(b): The Court approves DOC's proposed placement on treatment furlough before completion of the minimum term. This approval does not itself direct DOC to release the offender; DOC retains the placement decision and conditions of supervision.

☐ The request is denied for these reasons: [________________________________].

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 — [________________________________]
☐ Other person required by court rule or order — [________________________________]
☐ Other: [________________________________]

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

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

Vermont-Specific Notes

• Section 808 authorizes DOC, not the criminal court, to grant temporary and medical furloughs. DOC also controls community supervision furlough under § 723.
• Section 808a(a) permits a court placement on treatment furlough at sentencing. For an already sentenced offender who has not served the minimum term, § 808a(b) requires prior judicial approval of DOC's proposed residential treatment furlough; DOC makes the placement decision.
• Section 808b is repealed. Medical furlough is now addressed in § 808(e).
• A DOC denial or revocation presents a different procedural question and requires review of the applicable DOC decision and review route before filing.