2005 Idaho Code - 20-101C — FURLOUGH -- CONDITIONS -- FAILURE TO RETURN -- SPECIFICALLY AUTHORIZED FOR FUNERALS AND ACCIDENT OR ILLNESS

                                  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.