Motion for Furlough - Wyoming

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 WYOMING
IN THE DISTRICT COURT
[________________________________] JUDICIAL DISTRICT
[________________________________] COUNTY

MOTION FOR FURLOUGH / TEMPORARY RELEASE

The Defendant/Inmate, [________________________________], by and through undersigned counsel, submits this request to the Wyoming Department of Corrections for consideration under its current furlough rules. If this document is filed in the sentencing court, the Defendant asks only for a nonbinding recommendation unless independent authority for additional judicial relief is identified below: [________________________________].

Defendant/Inmate Information

Grounds for Furlough

A. Compassionate Leave (Wyo. Stat. Ann. § 7-13-701(a), (c)(ii))

☐ Immediate Family Member in Danger of Death
The Defendant's [________________________________] (relationship — must be spouse, child, parent, brother, or sister) is in danger of death at [________________________________] (medical facility). The family member's condition is [________________________________]. Medical documentation is attached as Exhibit [____].

☐ Funeral Services or Last Rites of Immediate Family Member
The Defendant's [________________________________] (relationship — must be spouse, child, parent, brother, or sister) passed away on [__/__/____]. Funeral services/last rites are scheduled for [__/__/____] at [________________________________].

B. Reentry Furlough Program (Wyo. Stat. Ann. § 7-13-701(b))

☐ Pre-Parole Release Reentry
The Defendant is about to be released on parole (parole date: [__/__/____]) and seeks reentry furlough to aid in reintegration as a productive member of society.

☐ Pre-Discharge Reentry
The Defendant is about to be released on final discharge (release date: [__/__/____]) and seeks reentry furlough for community reintegration.

Reentry Furlough Purposes:
☐ Securing community living arrangements
☐ Job interviews with prospective employers
☐ Learning or relearning necessary living skills
☐ Other purpose consistent with public interest and reintegration: [________________________________]

Type of Leave Requested:
☐ Escorted temporary leave of absence
☐ Unescorted temporary leave of absence

C. General Family-Maintenance Furlough (Wyo. Stat. Ann. § 7-13-701(c)(i))

☐ Temporary leave to maintain the inmate's relationship with immediate family members, as permitted by current Department rules.

Statutory Authority

This Motion is filed pursuant to the following Wyoming statutes:

1. Wyo. Stat. Ann. § 7-13-701 — Defines compassionate leave and immediate family; authorizes the Department to adopt rules for a reentry furlough program and a separate furlough program for family relationships and compassionate leave.

2. Wyo. Stat. Ann. § 7-13-702 — Makes unauthorized departure from furlough limits or failure to return as directed punishable as escape; it does not establish the reentry program.

3. Wyo. Stat. Ann. § 7-22-112(a)(viii) — Prohibits a private corrections contract from delegating inmate-furlough eligibility decisions to the contractor. It does not grant furlough authority to the sentencing court.

Key Provisions:

• Current Department rules and decision makers govern eligibility and procedure
• Reentry furlough may be escorted or unescorted
• Purposes must be consistent with the public interest and the inmate's successful reintegration

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 escorted by WDOC personnel (if escorted leave)
☐ Defendant shall report to [________________________________] as directed
☐ Defendant shall maintain telephone contact with the facility
☐ 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. 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 Wyoming).

5. Prior Furlough/Leave History: [________________________________].

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

7. Proximity to Release: The Defendant is [____] days/months from ☐ parole / ☐ final discharge.

8. Reintegration Plan: [________________________________] (if reentry furlough).

Supporting Documentation

☐ Exhibit A — Medical documentation for family member in danger of death
☐ Exhibit B — Death certificate, obituary, or funeral/service notice
☐ Exhibit C — Documentation establishing immediate family relationship
☐ Exhibit D — Institutional conduct and classification report
☐ Exhibit E — Program participation records
☐ Exhibit F — Community sponsor affidavit
☐ Exhibit G — Reentry plan (employment, housing, treatment)
☐ Exhibit H — Parole or release eligibility documentation
☐ Exhibit I — [________________________________]

Proposed Order

STATE OF WYOMING
IN THE DISTRICT COURT
[________________________________] JUDICIAL DISTRICT

ORDER ON REQUEST FOR NONBINDING FURLOUGH RECOMMENDATION

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

IT IS HEREBY RECOMMENDED, without directing or displacing the Department's statutory authority, that WDOC consider the Defendant for a ☐ compassionate leave / ☐ reentry furlough / ☐ family-maintenance furlough from [________________________________] (facility), subject to WDOC's current eligibility criteria, procedures, risk assessment, and conditions.

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

IT IS FURTHER ORDERED that a copy of this nonbinding recommendation be transmitted to the Wyoming Department of Corrections. WDOC retains authority to grant, deny, structure, or revoke any furlough under applicable law and rules.

Date: [__/__/____]

___________________________________________
District Court Judge

Certificate of Service

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

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

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

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

Wyoming-Specific Notes

• Two Programs; Three Request Categories: Section 7-13-701(b) addresses a reentry furlough program. Subsection (c) separately addresses a furlough program for maintaining immediate-family relationships and providing compassionate leave.
• Immediate Family Definition: "Immediate family member" is strictly defined as spouse, child, parent, brother, or sister. This definition is narrower than some other states.
• Compassionate Leave Scope: Limited to visiting a family member in danger of death or attending funeral services/last rites.
• Reentry Furlough Scope: Designed for inmates about to be released on parole or final discharge, to aid reintegration as productive members of society.
• Escorted or Unescorted: The reentry furlough program may provide for either escorted or unescorted temporary leaves.
• Department Eligibility Determination: The Department of Corrections determines inmate eligibility for furlough, compassionate leave, or community corrections participation.
• Public Interest Standard: All furlough purposes must be consistent with the public interest and necessary for the inmate's successful reintegration into society.