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 inmates.
(1) A furlough pursuant to this compact may be granted to an inmate for the following
reasons:
(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 latter
event, 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 sending
state, is consistent with the rehabilitation of the inmate.
(2) A furlough among states which are party to the compact shall be granted for a period
not to exceed 15 days, including travel time; however, for emergency or other exigent
circumstances and at the written request of the furloughee, an extension may be granted by the
appropriate official of the sending state upon the consent of the receiving state.
(3) For those inmates ineligible for an unescorted furlough, the sending state, in
emergency situations, as defined below, may furlough those inmates under escort to a state which
is party to this compact. All inmates on escorted furlough shall be under the guard and
jurisdiction of an authorized person from the sending state and shall be under the continuous
supervision 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 a
funeral of a relative, or if a medical emergency exists. In all such instances, the sending state shall
first verify the legitimacy of the request and if verified shall request the receiving state to approve
or reject the proposed furlough.
(b) Escorted furloughs granted for these reasons shall not exceed four days including
travel time; however for emergency or other exigent circumstances and at the written request of
the inmate, an extension may be granted by the appropriate official of the sending state upon the
verification 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, the
appropriate official shall obtain a written waiver of extradition from the inmate waiving his right
to be extradited from any state to which he is furloughed or from any state where he was
apprehended.
(5) The grant of a stipulated period of furlough may be terminated by either the sending
or receiving state upon written showing of cause. In some instances, the furloughed inmate shall
be given reasonable opportunity to obtain the information, including written statements of
witnesses and other documentation, which may be of assistance to him in subsequent disciplinary
hearings 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 the
sending 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 interstate
furlough status within the receiving state, not inconsistent with the sentence imposed.
Enacted by Chapter 15, 1980 General Session
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Last revised: Thursday, May 28, 2009