§ 24–251.04. Procedures.

(a) Each caseworker or counselor on the staff of the Department who is assigned to investigate an application for a furlough shall: (1) verify the reasons given by the applicant for the furlough; (2) determine whether the furlough requested and the applicant meet the requirements of this subchapter; and (3) ascertain whether the furlough will contribute to the attainment of the correctional goals of the applicant. If the caseworker or counselor finds that the request meets these criteria, and the provisions of this subchapter, then the caseworker or counselor shall prepare a memorandum recommending the granting of the furlough. The memorandum shall be reviewed by the appropriate supervisory personnel and finally by the Director. Each such memorandum shall contain the name of the resident concerned, the resident's Department number, the crime for which the resident was sentenced, the reason for the requested furlough, all factual information (including its verification data), and a statement by the caseworker or counselor on how the furlough is expected to contribute to the attainment of the resident concerned correctional goals and the date of the last furlough granted to such resident.

(b) Each resident being released on furlough will be advised in writing of the conditions of the resident's furlough and will be given a thorough explanation of such conditions. In addition, each resident will be advised that the wilful failure to remain within the extended limits of the resident's confinement, or the resident's failure to return to a designated place within the time prescribed may be deemed an escape, punishable by a fine of not more than $5,000 or imprisonment for not longer than 5 years, or both. Tthe resident's furlough release authorization form shall be signed by the resident concerned, indicating the resident's understanding of the conditions of the furlough and the resident's willingness to comply with such conditions. Such form will also be signed by the person authorizing such furlough. The resident concerned will be given a copy of such form and instructed to keep it on the resident's person at all times while on furlough.

(c) If a resident on furlough fails to return to a designated place within the time specified in the furlough authorization form the resident signed, or if there is reason to believe that the resident has violated the conditions of the resident's furlough after release, the Director shall immediately attempt to contact the resident in order to have the resident returned to the facility from which the resident was released. If a furloughed resident cannot be located within 2 hours after the scheduled time for the resident's return, the resident shall be deemed to be an escapee, subject to the appropriate actions taken under the relevant Department order.