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 WISCONSIN
CIRCUIT COURT
[________________________________] COUNTY

MOTION FOR FURLOUGH / TEMPORARY RELEASE

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

Defendant/Inmate Information

Grounds for Furlough

A. Temporary Release with Supervision (DOC 325) — All Inmates

☐ Response to Law Enforcement Request or Court Appearance
The Defendant has a pending court appearance / law enforcement request on [__/__/____] at [________________________________].

☐ Medical Treatment
The Defendant requires medical treatment for [________________________________] not available at the correctional facility. Documentation is attached.

☐ Activity Consistent with Chapter Purposes
The Defendant seeks temporary release for [________________________________].

B. Temporary Release with Supervision (DOC 325) — Minimum Security Inmates

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

☐ Terminally Ill Close Family Member
The Defendant's [________________________________] (relationship) is terminally ill at [________________________________] (medical facility). Medical documentation is attached.

☐ Educational, Social, Therapeutic, or Athletic Event
The Defendant seeks temporary release to attend [________________________________] (event description) at [________________________________] on [__/__/____].

C. Unescorted Leave Program (DOC 326) — Community Custody Inmates

☐ Reintegration
The Defendant is classified at community custody level and seeks unescorted leave for the purpose of community reintegration, specifically [________________________________] (housing, employment, family reunification, program participation).

Statutory Authority

This Motion is filed pursuant to the following Wisconsin statutes and administrative code provisions:

1. Wis. Admin. Code DOC § 325 — Governs temporary release with supervision. Authorizes the warden to grant temporary release for medical treatment, court appearances, law enforcement requests, and (for minimum security inmates) death or terminal illness of close family members and educational/social/therapeutic/athletic events.

2. Wis. Admin. Code DOC § 326 — Establishes the unescorted leave program for eligible community custody inmates for the purpose of reintegration into the community.

3. Wis. Stat. § 302.05(3)(e) — Provides statutory authority for correctional institution programs, including leave and temporary release programs.

4. Wis. Admin. Code DOC § 303.08 — Defines escape, including failure to return from temporary release, and establishes penalties.

Key Provisions:
- The warden authorizes temporary release under DOC 325
- Either an inmate or an employee may apply for leave under DOC 326
- The warden may cancel a release order at any time
- The inmate must abide by all statutes, department rules, and release conditions

Proposed Conditions of Furlough

Additional Proposed Conditions:

☐ Defendant shall abide by all statutes, department rules, and release conditions
☐ Defendant shall remain at the designated destination at all times
☐ Defendant shall not consume alcohol or controlled substances
☐ Defendant shall not possess firearms or dangerous weapons
☐ Defendant shall return to the facility by the designated date and time
☐ Defendant shall be accompanied by DOC staff (if supervised release)
☐ Defendant shall submit to electronic monitoring if required
☐ Defendant shall maintain telephone contact with the facility at intervals of [________________________________]
☐ Defendant shall not leave [________________________________] County without authorization
☐ Other: [________________________________]

Risk Assessment

1. Institutional Conduct: The Defendant has maintained [________________________________] conduct, with [____] disciplinary infractions in the past [____] months/years.

2. Custody Classification: The Defendant is currently classified at [________________________________] custody level. ☐ Minimum security (eligible for DOC 325 expanded purposes). ☐ Community custody (eligible for DOC 326 unescorted leave).

3. Program Participation: The Defendant has completed/is participating in: [________________________________].

4. Community Ties: The Defendant has [________________________________] (family, housing, employment).

5. Prior Temporary Release/Leave History: [________________________________].

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

7. Reintegration Plan: [________________________________] (if seeking unescorted leave).

Supporting Documentation

☐ Exhibit A — Death certificate, obituary, or memorial notice (if family death)
☐ Exhibit B — Medical documentation for terminally ill family member
☐ Exhibit C — Court order or law enforcement request (if applicable)
☐ Exhibit D — Medical referral for inmate treatment
☐ Exhibit E — Institutional conduct and classification report
☐ Exhibit F — Program participation records
☐ Exhibit G — Community sponsor affidavit
☐ Exhibit H — Reintegration plan (if DOC 326)
☐ Exhibit I — Event details (if educational/social/therapeutic/athletic)
☐ Exhibit J — [________________________________]

Proposed Order

STATE OF WISCONSIN
CIRCUIT COURT — [________________________________] COUNTY

ORDER GRANTING / RECOMMENDING FURLOUGH

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

IT IS HEREBY ORDERED / RECOMMENDED that the Defendant be granted ☐ temporary release with supervision / ☐ unescorted leave from [________________________________] (facility) for a period of [________________________________], commencing on [__/__/____] and concluding on [__/__/____], subject to the following conditions:

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

IT IS FURTHER ORDERED that the Wisconsin Department of Corrections shall be notified of this Order/Recommendation.

Date: [__/__/____]

___________________________________________
Circuit Court Judge

Certificate of Service

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

☐ District Attorney, [________________________________] County — [________________________________]
☐ Wisconsin Department of Corrections — [________________________________]
☐ Warden, [________________________________] (facility) — [________________________________]
☐ Victim(s) / Victim's Advocate — [________________________________]
☐ Other: [________________________________]

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

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

Wisconsin-Specific Notes

• Two Programs: Wisconsin operates Temporary Release with Supervision (DOC 325) and Unescorted Leave (DOC 326) rather than a single "furlough" program.
• Warden Authority: The warden authorizes temporary release and may cancel it at any time it is no longer desirable or in conformance with program purposes.
• Minimum Security Expanded Purposes: Only minimum security inmates may receive temporary release for family death/terminal illness and educational/social/therapeutic/athletic events.
• Community Custody for Unescorted Leave: Unescorted leave under DOC 326 is available only to community custody-classified inmates for reintegration purposes.
• Application by Inmate or Employee: Under DOC 326, either the inmate or an employee on the inmate's behalf may apply for leave.
• Escape Liability: Failure to return from temporary release or unescorted leave may be charged as escape under DOC 303.08.
• Compliance Required: Temporarily released inmates must abide by all statutes, department rules, and release conditions.