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 seeks a furlough under RCW 72.66.018(3) or (4) for ☐ scheduled specific work interviews ☐ an approved work/training-release placement not yet begun or concluded ☐ preparation for a parole meeting scheduled within 120 days of furlough commencement ☐ residential parole plans requiring personal appearance. Explain the qualifying facts: [________________________________].

☐ Rehabilitative Purpose
The Defendant seeks furlough for [________________________________], a purpose consistent with the Defendant's rehabilitation plan under RCW 72.66.018(7). Explain the connection to that plan: [________________________________].

☐ Other Authorized Purpose
[________________________________]

Statutory Authority

This proposed recommendation concerns a DOC furlough under the following Washington statutes and regulation. These provisions do not themselves authorize a court motion; use the independent procedural basis identified above.

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. RCW 72.66.042 permits the Secretary to waive specified requirements for an emergency furlough.

4. RCW 72.66.018, .022, .024, and .026 — Limit the purposes, require a detailed furlough plan and sponsor statement (subject to the emergency waiver in .042), and establish furlough conditions, including prohibitions on leaving the state, consuming intoxicants in public, and entering taverns, bars, or cocktail lounges.

5. RCW 72.09.712(1)-(2) — Requires DOC to send furlough notice to specified law enforcement recipients for covered offenses. Victims, next of kin, witnesses, and other designated persons receive the same notice when the statutory written-request conditions are met. Emergency furloughs are excepted from the ordinary 30-day advance-notice floor.

6. RCW 72.66.036 and WAC 137-60-060 — Limit duration: ordinarily no more than 30 days at one time; the statute caps nonmedical furloughs at 60 days per calendar year, while the regulation uses 60 days in a 12-month period. First and second furloughs ordinarily do not exceed five days; emergency furloughs ordinarily do not exceed 48 hours plus travel time.

Key Provisions:

• A "resident" means a person convicted of a felony serving a sentence in a state correctional institution
• Absent a specific emergency waiver by the Secretary under RCW 72.66.042, the furloughed person shall not leave the state
• Absent such a waiver, 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:

RCW 72.66.026 conditions apply unless the Secretary expressly waives a specified condition for an emergency furlough under RCW 72.66.042. Leaving a box blank does not waive a statutory condition.

☐ 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. DOC Notification Review (RCW 72.09.712): Covered offense [________________________________]; law-enforcement notice reviewed with DOC ☐; written requests for victim/witness notice checked by DOC ☐; emergency-furlough timing exception considered ☐.

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
☐ Sponsor statement acknowledging the RCW 72.66.024 duties, unless DOC waives it for an emergency furlough under RCW 72.66.042
☐ 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 — [________________________________]
☐ 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: RCW 72.66.026(5) bars leaving Washington during furlough unless the Secretary waives that condition for an emergency furlough under RCW 72.66.042.
• No Public Intoxication: RCW 72.66.026(7) bars public drinking or intoxication and entry into taverns, bars, or cocktail lounges unless the Secretary waives that condition for an emergency furlough under RCW 72.66.042.
• Emergency Furlough: A specially expedited furlough may address death or critical illness of a family member; RCW 72.66.042 allows DOC to waive specified requirements, but only DOC decides whether to do so.
• Arrest Warrants: Under RCW 72.66.090, the Secretary may issue a warrant on revocation or failure to report; law-enforcement, probation/parole, or peace officers may execute it.
• Furlough Notification: Under RCW 72.09.712, DOC handles covered-offense notices to law enforcement and, upon qualifying written request, victims, next of kin, witnesses, and other designated persons. The statute protects requesters' information from disclosure to the inmate.
• 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.