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 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

☐ Attend Funeral of Family Member
The Defendant's [________________________________] (relationship) passed away on [__/__/____]. Funeral services are scheduled for [__/__/____] at [________________________________]. The relationship meets the Commissioner's guidelines for furlough eligibility.

☐ 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 has been selected as eligible under Commissioner's guidelines to reside outside the institution for the purpose of [________________________________] (reentry planning, employment, treatment).

☐ Other Purpose Consistent with Program Guidelines
[________________________________]

Statutory Authority

This Motion is filed pursuant to the following West Virginia authorities:

1. W. Va. Code § 15A-4-2 — Authorizes the Commissioner to establish a furlough program for inmates committed for felony offenses. The program may permit selected inmates to reside outside an institution and may grant furloughs or special escorts to attend funerals or visit terminally ill family members.

2. W. Va. Code § 31-20-29 — Provides additional authority for the Regional Jail and Correctional Facility Authority regarding furlough programs.

3. W. Va. C.S.R. § 94-6-4 — Establishes eligibility criteria for furlough consideration, including factors the Commissioner evaluates.

4. W. Va. C.S.R. § 90-3-6 — Sets forth the procedural requirements for furlough applications.

Key Provisions:
- The Commissioner establishes criteria for determining which inmates are unlikely to jeopardize public safety
- Guidelines include eligibility, restrictions, conditions, procedures, and required family relationship
- The Division, Commissioner, Board, and employees have immunity from suit and liability for damage caused by furloughed inmates

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 GRANTING FURLOUGH / RECOMMENDATION FOR 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 a ☐ furlough / ☐ special escort from [________________________________] (facility) for a period of [________________________________], commencing on [__/__/____] and concluding on [__/__/____], for the purpose of [________________________________], subject to the following conditions:

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

IT IS FURTHER ORDERED that the Division of Corrections and Rehabilitation shall be notified of this Order/Recommendation.

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

• Commissioner Authority: The Commissioner of the Division of Corrections and Rehabilitation has authority to establish and administer the furlough program under § 15A-4-2.
• Felony Offenders: The furlough program applies to inmates committed for felony offenses.
• Family Relationship Requirement: The Commissioner establishes guidelines regarding the required family relationship to qualify for funeral or hospital visit furloughs.
• Special Escorts: Furloughs may include special escorts where the inmate is accompanied by corrections personnel.
• Immunity Provision: The Division, Commissioner, Regional Jail Board members, and employees are immune from suit and liability for damage, loss, or personal injury caused by furloughed inmates.
• Public Safety Criteria: The Commissioner establishes criteria to determine which inmates are not likely to jeopardize public safety and should be granted furlough.