Motion for Furlough - West Virginia

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 WEST VIRGINIA
COUNTY OF [________________________________]
CIRCUIT COURT OF [________________________________] COUNTY

MOTION FOR FURLOUGH / TEMPORARY RELEASE

The Defendant/Inmate, [________________________________], by counsel, asks the Court to consider a nonbinding recommendation to the Commissioner of the Division of Corrections and Rehabilitation regarding a requested furlough or special escort from [________________________________] (facility). W. Va. Code § 15A-4-2 places program authority with the Commissioner. This motion does not seek an order directing the facility to release the Defendant/Inmate.

Defendant/Inmate Information

Grounds for Furlough

☐ Attend Funeral of Family Member
The Defendant's [________________________________] (relationship) passed away on [__/__/____]. Funeral services are scheduled for [__/__/____] at [________________________________]. Supporting proof of the relationship and event is attached for the Commissioner's review.

☐ Hospital Visit to Terminally Ill Family Member
The Defendant's [________________________________] (relationship) has been diagnosed with [________________________________] (terminal condition) and is receiving care at [________________________________] (hospital/hospice). Medical documentation is attached.

☐ Special Escort Request
The Defendant requests a special escort (accompanied furlough) for the purpose of [________________________________].

☐ General Furlough — Community Residence
The Defendant requests consideration for temporary residence outside the institution for [________________________________] (reentry planning, employment, treatment), subject to the Commissioner's current program and eligibility criteria.

☐ Other Purpose Consistent with Program Guidelines
[________________________________]

Statutory Authority

W. Va. Code § 15A-4-2(a) permits the Commissioner to establish a furlough program for inmates committed to the Commissioner's custody for felony offenses; selected inmates may reside outside an institution under applicable legislative rules. Subsection (b) authorizes the Commissioner or designee to propose rules or issue policy directives for a program covering pretrial and misdemeanant inmates under the Commissioner's control and custody. That program may include funeral and terminal-illness visits or special escorts. The Commissioner sets public-safety criteria and may set eligibility, restrictions, conditions, procedures, and qualifying family relationships.

The Court's requested recommendation would be sent to the Commissioner for an independent administrative decision. Counsel has submitted or will submit the underlying request to [OFFICE_OR_OFFICIAL] under the facility's current process. The motion does not claim eligibility under a historical rule or require the Commissioner to approve release.

Proposed Conditions of Furlough

Additional Proposed 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 comply with all federal, state, and local laws
☐ Defendant shall return to the facility by the designated date and time
☐ Defendant shall be accompanied by DCR escort personnel
☐ Defendant shall maintain telephone contact with the facility
☐ Defendant shall not leave [________________________________] County without authorization
☐ Defendant shall submit to electronic monitoring if required
☐ 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/Escort History: [________________________________].

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

7. Public Safety Assessment: The Defendant ☐ does / ☐ does not pose a risk to public safety based on [________________________________].

Supporting Documentation

☐ Exhibit A — Death certificate, obituary, or funeral notice (if funeral attendance)
☐ Exhibit B — Medical documentation for terminally ill family member (if hospital visit)
☐ Exhibit C — Documentation establishing qualifying family relationship
☐ Exhibit D — Institutional conduct and classification report
☐ Exhibit E — Program participation records
☐ Exhibit F — Community sponsor affidavit
☐ Exhibit G — Proposed furlough plan/itinerary
☐ Exhibit H — [________________________________]

Proposed Order

STATE OF WEST VIRGINIA
CIRCUIT COURT OF [________________________________] COUNTY

ORDER ON REQUEST FOR NONBINDING FURLOUGH RECOMMENDATION

Upon consideration of the Motion for Furlough filed by the Defendant, [________________________________], and the record, the Court:

☐ Recommends that the Commissioner consider the Defendant's request for a ☐ furlough ☐ special escort for [PURPOSE], on the proposed dates [________] through [________], subject to the Commissioner's independent eligibility, safety, staffing, and program review.

☐ Declines to make a recommendation. Reasons, if any: [________________________________].

If a recommendation is made, the Clerk shall send this order and the supporting materials to [DCR_OFFICIAL_OR_OFFICE]. This order does not authorize release or change custody; any furlough or escort requires the Commissioner's or authorized designee's decision under applicable law and current program rules or policy.

Date: [__/__/____]

___________________________________________
Judge, Circuit Court of [________________________________] County

Certificate of Service

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

☐ Prosecuting Attorney, [________________________________] County — [________________________________]
☐ Division of Corrections and Rehabilitation — [________________________________]
☐ Victim(s) / Victim's Advocate — [________________________________]
☐ Other: [________________________________]

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

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

West Virginia-Specific Notes

• Administrative decision: Section 15A-4-2 assigns program authority to the Commissioner; the Court's recommendation does not itself release an inmate.
• Separate statutory branches: Subsection (a) addresses felony commitments; subsection (b) addresses pretrial and misdemeanant inmates under the Commissioner's control and custody.
• Current process: Confirm the facility's present request route and eligibility policy before filing. Former § 31-20-29 was repealed in 2018, and the Secretary of State marks rule series 94-06 and 90-03 historical.