Motion for Furlough - Washington

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 WASHINGTON
[________________________________] COUNTY SUPERIOR COURT

MOTION FOR COURT RECOMMENDATION OF FURLOUGH / TEMPORARY RELEASE

The Defendant/Inmate, [________________________________], by and through undersigned counsel, requests a nonbinding recommendation to the Washington State Department of Corrections for a furlough from [________________________________] (correctional facility). The applicant must separately submit the furlough request through DOC's applicable process. RCW 72.66 does not itself authorize a court motion; identify any independent procedural basis for presenting this request to the court: [________________________________].

Defendant/Inmate Information

Grounds for Furlough

A. Emergency Furlough

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

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

B. Standard Furlough

☐ Family Visitation
The Defendant seeks to visit [________________________________] (family member/relationship) at [________________________________] for the purpose of maintaining family relationships.

☐ Pre-Release Planning
The Defendant is within [____] days of release and requires furlough for [________________________________] (securing housing, employment, community program enrollment).

☐ Rehabilitative Purpose
The Defendant seeks furlough for [________________________________] (participation in treatment, educational, vocational, or other rehabilitative program).

☐ Other Authorized Purpose
[________________________________]

Statutory Authority

This Motion is filed pursuant to the following Washington statutes and regulations:

1. RCW 72.66.010 — Defines "furlough," "emergency furlough," "resident," and "secretary."

2. RCW 72.66.012 — Authorizes the Secretary of Corrections or the Secretary's designee to grant furloughs, subject to the listed statutory restrictions. This section does not give the sentencing court furlough-granting authority.

3. RCW 72.66.014 and .016 — Limit who may apply and set minimum time-served requirements. Confirm classification, detainers, minimum term, time served, and the violent-offense rule before submitting the DOC application.

4. RCW 72.66.026 — Establishes the terms and conditions of furlough, including prohibitions on leaving the state, consuming intoxicants in public, and entering taverns, bars, or cocktail lounges.

5. RCW 72.09.714 — Requires notification to victims and witnesses regarding furlough of persons convicted of homicide, violent, and sex offenses.

6. WAC 137-60-060 — Establishes the duration of furloughs for persons confined in state correctional institutions.

Key Provisions:

• A "resident" means a person convicted of a felony serving a sentence in a state correctional institution
• The furloughed person shall not leave the state
• The furloughed person shall not drink intoxicants in public or enter taverns/bars
• The Secretary may issue warrants for arrest of furloughed prisoners who fail to report or whose furlough is revoked

Proposed Conditions of Furlough

Statutory and Additional Proposed Conditions:

☐ Defendant shall abide by all local, state, and federal laws
☐ Defendant shall not leave the State of Washington
☐ Defendant shall not drink intoxicating beverages or be intoxicated in any public place
☐ Defendant shall not enter any tavern, bar, or cocktail lounge
☐ Defendant shall not possess firearms or dangerous weapons
☐ Defendant shall not consume controlled substances
☐ Defendant shall return to the facility by the designated date and time
☐ Defendant shall report to [________________________________] as directed by DOC
☐ Defendant shall submit to electronic monitoring if required
☐ Defendant shall remain at the designated destination
☐ Other: [________________________________]

Risk Assessment

1. Institutional Conduct: The Defendant has maintained [________________________________] conduct, with [____] 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 in Washington).

5. Prior Furlough History: [________________________________].

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

7. Statutory Eligibility: DOC classification [________________________________]; minimum term set [________________________________]; detainer status and any required approval [________________________________]; minimum time served under RCW 72.66.016 [________________________________].

8. Victim Notification Status: ☐ Victim notification is required under RCW 72.09.714. ☐ No victim notification required.

Supporting Documentation

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

Proposed Order

STATE OF WASHINGTON
[________________________________] COUNTY SUPERIOR COURT

ORDER RECOMMENDING FURLOUGH

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

IT IS HEREBY ORDERED that this Court recommends to the Secretary of the Washington State Department of Corrections that the Defendant be granted a ☐ standard / ☐ emergency furlough from [________________________________] (facility) for a period of [________________________________], commencing on [__/__/____] and concluding on [__/__/____], subject to all statutory conditions and such additional conditions as the Secretary deems appropriate.

IT IS FURTHER ORDERED that the Department of Corrections shall be provided with a copy of this Order for consideration in connection with the Defendant's furlough application.

The recommendation does not replace DOC's statutory eligibility review, application process, or any applicable victim-notification duty.

Date: [__/__/____]

___________________________________________
Judge, [________________________________] County Superior Court

Certificate of Service

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

☐ Prosecuting Attorney, [________________________________] County — [________________________________]
☐ Washington State Department of Corrections — [________________________________]
☐ Victim(s) / Victim's Advocate (if applicable) — [________________________________]
☐ Other: [________________________________]

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

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

Washington-Specific Notes

• DOC Authority: RCW 72.66.012 assigns furlough decisions to the Secretary of Corrections or a designee, subject to §§ 72.66.014 and .016 and other restrictions. A court recommendation is nonbinding and requires an independent procedural basis.
• No Leaving State: A furloughed person shall not leave the State of Washington at any time during the furlough.
• No Public Intoxication: Furloughed persons may not drink intoxicating beverages in public or enter taverns, bars, or cocktail lounges.
• Emergency Furlough: A specially expedited furlough is available for death or critical illness of a family member.
• Arrest Warrants: The Secretary may issue warrants for arrest of any furloughed prisoner who fails to report or whose furlough is revoked. Any law enforcement or peace officer may execute such warrants.
• Victim Notification: Under RCW 72.09.714, victims and witnesses must be notified of furlough grants for persons convicted of homicide, violent, or sex offenses.
• Resident Eligibility: Only persons convicted of a felony and serving a term of confinement in a state correctional institution or approved work/training release facility are eligible.