TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 1

STATE PENITENTIARY

20-101C.  Furlough — Conditions — Failure to return — Specifically authorized for funerals and accident or illness. The state board of correction or its designee shall, in its discretion have the power to establish rules and regulations under which an inmate may be privileged to furlough but to remain while on such leave in the legal custody and under the control of the state board of correction.

Before authorizing the furlough of an eligible inmate, the board of correction or its designee shall have said inmate appear before such board or designee and shall interview said inmate. An inmate shall be placed on furlough only when there has been made:

(1)  an administrative verification of the reason for which the inmate requests furlough;

(2)  arrangements for supervision, maintenance and care while on furlough;

(3)  verification that travel arrangements directly to and from the place of destination, with all expenses paid by the inmate or his family; provided however, that in the case of an indigent inmate, said expenses may be satisfied from the inmate welfare fund;

(4)  a determination of the leave duration, provided, however, that such leave may not exceed seventy-two (72) hours except in the case of a medical furlough for the purpose of diagnosis or treatment of a serious illness or injury;

(5)  provision for signing a waiver of extradition;

(6)  a determination and establishment in writing of any and all other conditions, terms and incidents requisite to such furlough;

(7)  there are no detainers against said inmate; and

(8)  said inmate has been classified to minimum custody for a minimum of six (6) months immediately prior to the granting of said furlough and has been recognized for meritorious performance by the board of correction or its delegated authority while so classified to minimum custody, except in the case of a medical furlough for diagnosis or treatment of a serious illness or injury. Medical furlough inmates may be classified to minimum custody for less than a six (6) month period and need not be recognized for meritorious performance.

Condition (8) need not be met when the inmate has been classified to minimum custody and has been released to one of the department of corrections’s [correction’s] community work centers.

The voluntary and wilful failure of any inmate to abide by the terms of said furlough or to return to the state penitentiary prior to or at the expiration of the time allowed for such furlough shall be considered an escape or attempt to escape, as the case may be, from the custody of the state board of correction and shall be punishable pursuant to section 18-2505, Idaho Code.

Furlough is authorized for diagnosis or treatment of a serious illness or injury, funerals, serious illness or accidents of the immediate family of the inmate, family visitation, to seek employment, and such other purposes that contribute to and promote a transition from confinement to the free society.

Immediate family is defined as a mother or father, brothers, or sisters, of the whole or halfblood, a wife or husband, or lawful issue.

The board of correction or its designee shall notify local law enforcement officials in the county where the inmate is to be furloughed a reasonable time prior to placing said inmate on furlough. Such notice shall be in writing, provided, however, that such notice may be oral if exigencies require it. Due consideration will be given to the law enforcement decision.

History:

[20-101C, added 1971, ch. 166, sec. 1, p. 789; am. 1974, ch. 200, sec. 1, p. 1519; am. 1981, ch. 53, sec. 1, p. 81; am. 1995, ch. 34, sec. 1, p. 52.]