Mo. Code Regs. tit. 14 § 20-28.010
Current through Register Vol. 49, No. 9, May 1, 2024
Section 14 CSR 20-28.010 - Temporary ReleasePURPOSE: The division director may extend the limits of confinement of an inmate by authorization to the inmate to visit specifically designated places without escort under prescribed conditions. Division procedures are set forth in this rule.
(1) Authority. Only the division director or his/her designee (assistant director) has the authority to extend the limits of the place of confinement of any inmate in accordance with section 217.425, RSMo (1986).(2) Basis for Temporary Leave. Temporary release may be granted an inmate accordingly, to visit a relative who is seriously ill, to attend the funeral of a relative, to contact prospective employers, to obtain medical services not otherwise available and to participate in approved rehabilitative activities. (A) Relatives shall be defined as immediate family, that is the father, mother, wife, husband, son, daughter, brother and/or sister. Others who can be determined to have been immediate family substitutes, such as grandparents, uncle, aunt, foster parents, etc., may be approved.(B) Serious illness verification shall be obtained from only reliable sources such as hospital personnel or physicians. Verification of death shall be accepted from either the funeral home personnel or local law enforcement authorities.(C) In order to be approved to seek employment, the inmate shall be scheduled for release within six (6) months and indicate definite job preparation plans.(D) The chief medical person at each institution shall recommend medical leaves for a specific period of time. Inmates granted medical leave shall be escorted to the medical center or hospital by corrections personnel and returned in the same manner.(E) Approved rehabilitative activities would include visiting family, participation in educational or community events and/or other legitimate reasons conducive to rehabilitation.(3) Ineligible Inmates. No inmate under the sentence of death or serious custody risks will be granted leaves. Inmates not eligible for consideration are as follows: (A) Inmates who are assigned to institutions offering custody provisions of level three (3) or above;(B) Inmates with detainers;(C) Inmates identified with organized crime, violent crimes or those whose presence in the community is likely to evoke adverse reaction;(D) Inmates with an extended and recent history of substance abuse;(E) Inmates with a history of sex offenses, security segregation cases and inmates with serious or numerous conduct violations indicating a lack of stability;(F) Inmates whose proposed temporary leave raises objections from the prosecuting attorney or sentencing judge, or from the prosecuting attorney or judge of the county where s/he is being released;(G) Inmates who have more than eighteen (18) months to serve before release by parole or commutation of sentence; and(H) All psychiatric cases.(4) Annual Limitation. Temporary leaves shall not exceed thirty (30) days per year, with the beginning dates of each one (1)-year period as that of the inmate's first furlough. The following shall be exceptions to the thirty (30)-days-per-annum limitation:(A) The inmate is enrolled in a work release program; or(B) The inmate is in need of emergency medical services.(5) Selection Procedures. Normal classification procedures shall be used in the selection of prospective inmates for participation in temporary leave. Inmates will make application to the classification treatment team for temporary leave. If the classification treatment team approves the request, it will be forwarded to the institution head for review. If the institution head approves the temporary leave request, it will be forwarded to the division director or his/her designee (assistant director) for his/her decision.(A) Classification Team Recommendation. All inmates seeking temporary leave authorization shall be required to complete the Inmate Request for Furlough Form, (Appendix 1). With team approval, the application shall be submitted to the institution head for approval.1. First temporary leave request. Support for the leave recommendation of those inmates who have not previously participated in the program shall include: diagnostic center summary, copies of the chronological entries, psychiatric/psychological reports, PSI reports (where available) and a written rationale for the request including a summary of the inmate's incarcerative period, pertinent commitment data and the inmate's expected release date.2. Subsequent reports. Where the inmate has previously been approved for leave, it shall be necessary to submit chronological entries from the last leave to present, and a written rationale for the request including a summary of the inmate's incarcerative period since the last leave, the time accrued in temporary leaves during the inmate's furlough year and the inmate's expected release date.(B) Division Director's Decision. The division director or his/her designee (assistant director) shall authorize the temporary leave by signature on the Approval and Order for Inmate Furlough Form (Appendix 2). The recommendation and documentation of the leave shall be submitted to the division director or his/her designee (assistant director) at least thirty (30) days in advance of the proposed temporary leave date. The recommendation and documentation of the leave shall be returned duly notarized to the institution head and thereupon, a copy provided the inmate. The inmate shall be required to carry during the leave, the director's or his/her designee's (assistant director) approval and order.(6) Reporting Procedures/Accountability. Inmates granted a temporary leave will report to a parole office/honor center in the district where s/he has been granted a temporary leave. The reporting locations for each county are listed on the Reporting Location Form (Appendix 4). Honor centers and probation and parole staff will telephonically contact the inmate at the approved destination within the furlough period. (A) Inmates granted a furlough must physically report to the specified location the same day s/he leaves the institution and must show his/her furlough papers and inmate identification card to the staff person s/he is reporting to. Institutional personnel shall ensure that the time of furlough departure provides the inmate sufficient time to report to the parole office/honor center that day. Institutions are reminded that parole offices are open only until 4:30 p.m. daily. In addition, furloughs will be scheduled for departure only on normal work days (Monday through Friday) and not on weekends or holidays.1. These procedures will not be deviated from unless upon specific authorization by the division director or his/her designee (assistant director). When this occurs, inmates furloughing to the St. Louis and Kansas City Honor Centers region will be required to report to a parole office on weekends or holidays. The furloughing institution will be required to make telephone contact with inmates during weekends and holidays, as an alternate measure for those inmates.(B) Honor center/parole office staff will fill out the Verification of Furlough Report-In Form (Appendix 6) documenting that the inmate reported to the location on the approved date and whether s/he reported late or did not report at all.(C) If the inmate does not physically report in to the specified location that day, the contact person will telephonically notify the institution from which the inmate was furloughed on the same working day. Failure to report or reporting late will not be considered an escape but will be considered a violation of the furlough conditions.(D) The honor centers/parole offices will send each institution involved the original Verification of Furlough Report-In Form, at the close of business each Friday for that week. The copies of this form will be sent to the director of the Division of Adult Institutions and the chairman of the Board of Probation and Parole. The original form shall be placed in the classification file as a permanent part of the inmate's furlough record.(7) Notification of Community Officials. Notification must be made to the community of the inmate's upcoming leave from custody, using division forms Notification and Temporary Leave from Custody (Appendix 3). Notification must be made by certified mail at the institution's expense. The inmate will furnish a stamped envelope addressed to the institution where s/he is assigned. The inmate will not be granted temporary leave unless the notification forms are returned to the institution head indicating approval from either the judge or prosecutors. Unless an emergency or a temporary leave to a halfway house assignment, written notification shall be provided twenty (20) days in advance of the proposed leave. (A) When the inmate is granted temporary leave to a county other than the one from which s/he was sentenced, the circuit judge, prosecuting attorney, sheriff and district parole officers of the county of the proposed visit shall be notified.(B) Courtesy notification shall also be made to the Fugitive Office, Metropolitan Police Department, 1200 Clark Avenue, St. Louis, MO 63103, when an inmate will be located in the metropolitan St. Louis area while on temporary leave. In addition, the notification letter shall contain the St. Louis Police Department identification number if available from the FBI report.(C) Notification shall also be made to the Kansas City Chief of Police, 1125 Locust, Kansas City, MO 64106, when an inmate will be located in the metropolitan Kansas City area on temporary leave.(D) Notification will also be made to the honor center/parole office to which the inmate must report. If notification is made and the furlough is subsequently denied or the dates for the furlough are changed, the institution will telephonically notify the honor center/parole office prior to the original departure date.(8) Emergency Leave. Emergencies arising in the inmate's immediate family or inmate medical crisis make it necessary to expedite the temporary leave approval process. In cases where it is neither possible nor practical to follow standard procedure in gaining the director's or his/her designee's (assistant director) approval of the leave, the institution head may recommend to the director of the division or his/her designee (assistant director) an emergency approval. In these cases the usual time frame for submission of temporary leave documentation may be waived.(A) The institution head shall contact the director of the division and advise of the emergency. Where possible, temporary leave documentation will be hand delivered to the division director or his/her designee (assistant director) for review and action. Where, due to institutional location, time does not permit the delivery, the institution head may ask the division director or his/her designee (assistant director) to consider leave approval after a verbal review of the pertinent matters related to the leave. Upon the telephonic approval of the director or his/her designee (assistant director), the institution head shall be authorized to sign the Approval and Order for Inmate Furlough in behalf of the division director or his/her designee (assistant director).(B) The institution head shall insure that appropriate community authorities are telephonically notified of the emergency leave in advance of the inmate's actual departure.(9) Temporary Leave to Halfway Houses. Inmates of the State Correctional Pre-Release Center and Chillicothe Correctional Center who seek leave in destination to their halfway house assignment may be granted through an expedited process. The institution heads of the two (2) centers have been granted authority by the division director to approve and sign Furlough from Confinement Orders (Appendix 5) in behalf of the division director.(A) Copies of the approval and order shall be submitted to the division director or his/her designee (assistant director).(B) Appropriate records of all furloughs granted shall be maintained by the approving institutions.(C) Community authorities as indicated in section (7) of this rule shall be notified of the inmate's leave in advance of his/her departure.(10) Transportation. Whenever possible, except for medical leave, a relative or friend shall transport, to and from the institution, the inmate granted temporary leave. Transportation expenses for inmates granted temporary leave shall not be borne by the division unless for medical care.(11) Documentation of Temporary Leave Results. The institution records officer shall make notations on the reverse side of the temporary leave form indicating the date and time of the inmate's return to the institution with or without incident. If any condition of the temporary leave was violated or any incident occurred, circumstances concerning the violation and incident shall be documented and forwarded to the institution head for review. Where it appears that the inmate has violated a condition of the leave, a violation shall be written for classification team consideration. (A) Temporary Leave Violations. Inmates who are alleged to have violated a condition of the temporary leave shall be referred to the classification team for a violation hearing. The classification team shall offer to the institution head a recommendation of furlough success or failure.1. An inmate who fails to return from temporary leave at the appointed time shall be considered an escapee in accordance with the statute. On a case-by-case basis, the institution head may request prosecution and/or extension of conditional release for the escape, and/or construe the failure to return to be a serious violation.2. An inmate shall have failed in the temporary leave if s/he committed a felony or misdemeanor during the leave. The inmate shall be ineligible for temporary leave.3. An inmate who violates other conditions of the leave may be subject to suspension of temporary leave privileges for one (1) year.(B) Furlough success or failure shall be noted on the reverse side of the request for Inmate Furlough Form and signed by the institution head. Failure shall be recorded as either: failure to return (determined to have escaped), or conditions failure. A copy of the request for Inmate Furlough Form shall be forwarded to the institutional data entry operator and the original maintained in the inmate's classification file.(12) Each institution shall develop a form listing all furlough conditions or restrictions imposed by institutional staff. The inmate shall sign and date the form and a staff member will sign as witness. The inmate will be given a copy and the original shall be placed in the classification file as a permanent part of his/her record. The form shall be termed Institutional Furlough Instructions and shall include all pertinent information with at least the following information: (A) You must report in person to ________ _____________________________ location, _____________________ telephone number, on _______ date, prior to __________ time;(B) You must present your furlough papers and inmate identification card at the above location at the time you report in;(C) Any failure to follow the above listed conditions or those noted on your Approval and Order for Inmate Furlough may result in a conduct violation or prosecution, as determined appropriate by the Classification Team, with final approval by the institution head;(D) I have read the above conditions and agree that I fully understand each condition as specified and further agree that I will follow the conditions. ______________________ Inmate Signature,
________________ Number, Date _______ ,
_______________________ Staff Signature,
____________________________ Date; and
AUTHORITY: sections 217.175 and 217.425, RSMo 1986.* Emergency rule filed Dec. 17, 1984, effective Dec. 27, 1984, expired April 16, 1985. Original rule filed Dec. 18, 1984, effective May 11 , 1985. *Original authority: 217.175, RSMo 1982 and 217.425, RSMo 1982.