77-34-3 - Reasons for granting furlough pursuant to compact -- Period of furlough -- Escorted furloughs -- Waiver of extradition -- Termination of furlough -- Laws and regulations applicable to inmate
77-34-3. Reasons for granting furlough pursuant to compact -- Period of furlough-- Escorted furloughs -- Waiver of extradition -- Termination of furlough -- Laws andregulations applicable to inmates.
(1) A furlough pursuant to this compact may be granted to an inmate for the followingreasons:
(a) To visit a critically ill relative;
(b) To attend a funeral of a relative;
(c) To obtain medical services of both a physiological and psychiatric nature;
(d) To contact prospective employers;
(e) To secure a suitable residence for use upon discharge or upon parole; if in the latterevent, the inmate qualifies for the Interstate Parole and Probation Compact;
(f) For any other reason which, in the opinion of the appropriate official of the sendingstate, is consistent with the rehabilitation of the inmate.
(2) A furlough among states which are party to the compact shall be granted for a periodnot to exceed 15 days, including travel time; however, for emergency or other exigentcircumstances and at the written request of the furloughee, an extension may be granted by theappropriate official of the sending state upon the consent of the receiving state.
(3) For those inmates ineligible for an unescorted furlough, the sending state, inemergency situations, as defined below, may furlough those inmates under escort to a state whichis party to this compact. All inmates on escorted furlough shall be under the guard andjurisdiction of an authorized person from the sending state and shall be under the continuoussupervision of that person as consistent with Section 77-34-6.
(a) An emergency situation shall apply only to visit a critically ill relative, to attend afuneral of a relative, or if a medical emergency exists. In all such instances, the sending state shallfirst verify the legitimacy of the request and if verified shall request the receiving state to approveor reject the proposed furlough.
(b) Escorted furloughs granted for these reasons shall not exceed four days includingtravel time; however for emergency or other exigent circumstances and at the written request ofthe inmate, an extension may be granted by the appropriate official of the sending state upon theverification and consent of the appropriate official of the receiving state.
(4) Prior to the authorization for an inmate to go beyond the limits of the state, theappropriate official shall obtain a written waiver of extradition from the inmate waiving his rightto be extradited from any state to which he is furloughed or from any state where he wasapprehended.
(5) The grant of a stipulated period of furlough may be terminated by either the sendingor receiving state upon written showing of cause. In some instances, the furloughed inmate shallbe given reasonable opportunity to obtain the information, including written statements ofwitnesses and other documentation, which may be of assistance to him in subsequent disciplinaryhearings by the sending state for those events or violations that caused termination of his furlough.Reasonable costs of gathering of the information shall be chargeable to the furloughee or to thesending state in the event of the furloughed inmate's inability to pay.
(6) Inmates from the sending state, who are on interstate furlough in the receiving state,shall be subject to all the provisions of laws and regulations applicable to those on interstatefurlough status within the receiving state, not inconsistent with the sentence imposed.
Enacted by Chapter 15, 1980 General Session