Code of Maine Rules › 03 - DEPARTMENT OF CORRECTIONS › 201 - DEPARTMENT OF CORRECTIONS/GENERAL › Chapter 12 - POLICY AND PROCEDURES MANUAL - JUVENILE › Subsection 201-12-20.1 - Furlough Pass / Furlough Leave Program

Current through 2024-29, July 17, 2024
I.
AUTHORITY
The Commissioner of Corrections adopts this policy pursuant
				  to the authority contained in Title 34-A M.R.S.A. Section3035.
II.
APPLICABILITY
All Departmental Juvenile Facilities
III.
POLICY
A resident's participation in the Furlough Pass/Furlough
				  Leave Program provides the resident with an opportunity to prepare for a
				  successful transition from the facility to the community. The Furlough
				  Pass/Furlough Leave Program allows a resident to participate in off-grounds
				  activities and programs on a day or overnight basis, to include weekends and
				  holidays at home with the resident's family. Participation in this program is a
				  privilege that may be afforded to residents who meet the established
				  criteria.
IV.
CONTENTS
Procedure A: Furlough Pass/Furlough Leave Program,
				  General
Procedure B: Furlough Pass
Procedure C: Furlough Leave
Procedure D: Furlough Pass/Furlough Leave Request and
				  Approval Process
Procedure E: Special Furlough Pass/Furlough Leave
Procedure F: Notification
Procedure G: Random Contacts with Residents on Furlough
				  Pass/Furlough Leave
Procedure H: Termination or Extension
Procedure I: Documentation
V.
ATTACHMENTS
Attachment A: Notice to Sponsor Regarding the Furlough
				  Pass/Furlough Leave Program
Attachment B: Furlough Pass/Furlough Leave Eligibility, Risk
				  Assessment and Recommendation Form
Attachment C: Furlough Pass/Furlough Leave Request
				  Form
Attachment D: Furlough Pass/Furlough Leave Authorization
				  Form
Attachment E: Furlough Pass/Furlough Leave List
Attachment F: Resident's Contact Form
VI.
PROCEDURES
PROCEDURE A: Furlough Pass/Furlough Leave Program,
				  General
1. The facility shall maintain a process that allows a
				  resident committed for an indeterminate period who meets the eligibility
				  criteria to apply to participate in the Furlough Pass/Furlough Leave
				  Program.
2. The facility Furlough Pass/Furlough Leave Program shall
				  include, but not be limited to, the following:
a. Screening and approval process;
b. Rules and conditions for residents while on furlough
				  pass/furlough leave;
c. Notification practices;
d. Random contact practices; and
e. Documentation
3. The person who sponsors a resident for a furlough pass or
				  furlough leave must be approved by the Superintendent, or designee. An approved
				  sponsor for a furlough pass may be a volunteer, including a mentor, who has
				  been cleared through the volunteer process and has completed training to
				  include training specific to furlough passes, a contractor who has completed
				  training to include training specific to furlough passes, a Juvenile Community
				  Corrections Officer or facility employee, a Department of Human Services
				  caseworker, or a family member. Only a family member may be an approved sponsor
				  for a furlough leave. Family members approved as furlough pass/furlough leave
				  sponsors shall receive orientation by the facility regarding the furlough
				  pass/furlough leave program prior to the resident's first furlough pass with
				  that sponsor.
4. If only one resident receives a furlough pass for the
				  off-grounds activity or program, there must be at least two (2) approved
				  sponsors supervising the resident at all times, unless the approved sponsor is
				  a family member or Department of Human Services caseworker. A family member may
				  supervise a resident on a furlough pass alone. It is up to the Department of
				  Human Services to determine if a caseworker may supervise a resident on a
				  furlough pass alone. If more than one resident receives a furlough pass for the
				  off-grounds activity or program, the Juvenile Facility Operations Supervisor
				  shall determine the number of approved sponsors required to supervise the
				  residents, based on the number of residents and the risk to the residents or
				  others, including the community. If only one (1) approved sponsor is required
				  to supervise the residents, the sponsor shall supervise them all together at
				  all times.
5. For purposes of this policy, family member means: spouse,
				  natural, foster or adoptive mother, father, grandfather or grandmother, adult
				  brother or sister or stepmother, stepfather, stepgrandfather or
				  stepgrandmother, or adult stepbrother or stepsister, other family member
				  approved by the Superintendent, a legal guardian, or a person that was
				  primarily responsible for raising the resident, as verified by designated
				  departmental staff, or, in the case of a resident who is 18 or over, a person
				  with whom the resident had a marital like relationship for at least one (1)
				  year prior to the resident's commitment, as verified by designated departmental
				  staff.
6. When a resident is committed for an indeterminate period,
				  the Notice to Sponsor Regarding the Furlough Pass/Furlough Leave Program form
				  (Attachment(A) shall be provided to the resident's parent or other family
				  member most likely to become a furlough pass/furlough leave sponsor at the same
				  time as other materials, such as the handbook and visitation rules, are
				  provided. A furlough pass sponsor, other than a Juvenile Community Corrections
				  Officer, a Department of Human Services caseworker, or a facility employee,
				  shall be provided the Notice prior to the time of approval to be a sponsor. No
				  person, other than a Juvenile Community Corrections Officer, a Department of
				  Human Services caseworker, or a facility employee, shall be approved to be a
				  sponsor unless the form has been signed and returned to the facility.
1. A furlough pass is a privilege granted to a resident to be
				  outside the facility with a person approved to be a sponsor (such as a family
				  member, a volunteer, a contractor, a Juvenile Community Corrections Officer or
				  a facility employee, or, if applicable, the resident's Department of Human
				  Services caseworker) and under specified conditions for up to twelve (12)
				  hours. If the resident is being taken outside the facility with two (2)
				  facility staff members at least one (1) of which is certified correctional
				  staff (Juvenile Program Worker, Juvenile Program Specialist, Juvenile Facility
				  Operations Supervisor, or other certified correctional staff), a furlough pass
				  is not required. Participation in a community transition release program (work
				  release, public service release or education release) does not require a
				  furlough pass.
2. A furlough pass must be authorized for a specified
				  location or locations within the State of Maine and for a specified period of
				  time.
3. A resident's first furlough pass may be up to six (6)
				  hours long but may not be to the resident's home. The second and subsequent
				  furlough passes may be up to twelve (12) hours long. A resident may receive no
				  more than two (2) furlough passes (or furlough leaves) per month. The
				  Superintendent, or designee, may grant exceptions to the requirements in this
				  paragraph to a resident who is allowed a special furlough pass or a special
				  furlough leave as set out in Procedure E.
4. The resident must be under the supervision of the
				  resident's approved sponsor at all times, unless otherwise approved by the
				  Superintendent, or designee. A resident granted a special furlough pass, as set
				  out in Procedure E, must either be under the supervision of the resident's
				  approved sponsor or a staff member of the program at all times.
5. A furlough pass, other than a special family emergency
				  furlough pass, must be based on the resident's case plan and may be issued only
				  for one of the following reasons:
a. To participate in an approved treatment program;
b. To attend an interview, assessment or evaluation for
				  placement, treatment, employment, education or other approved reason;
c. To visit with family off-site at an approved
				  location;
d. To participate in an off-grounds activity approved by the
				  facility, e.g., a sporting or cultural event, shopping trip, meal.
6. No person, other than a family member, as defined in
				  Procedure A. 5., may be approved to sponsor a resident for an off-site activity
				  in a non public place.
7. Except as set out in Procedure E, to be eligible for a
				  furlough pass, a resident must be, at a minimum, on Phase 3, Level 3, must not
				  be classified high risk, and must not have any pending disciplinary charge or
				  proceedings or any disciplinary disposition to be completed.
8. A pending charge, warrant, detainer, or other legal hold,
				  history of or threat of escape or other risk to the resident or others,
				  including the community, may preclude an otherwise eligible resident from
				  receiving a furlough pass.
9. A resident's failure to follow any of the rules or
				  conditions of the furlough pass may result in disciplinary action and/or
				  suspension or restriction of furlough pass privileges.
10. A furlough pass shall be withdrawn for any resident who
				  does not continue to meet all the eligibility criteria up to the time of
				  leaving on the pass and may be withdrawn at any time for any other reason at
				  the discretion of the Superintendent, or designee.
11. Any resident who fails to return from a furlough pass
				  and/or who fails to remain at any specified location is an escapee and shall be
				  handled in accordance with Department of Corrections Juvenile Facilities Policy
				  9.12.
1. A furlough leave is a privilege granted to a resident to
				  be outside the facility with a family member who is an approved sponsor and
				  under specified conditions for overnight or longer. No one other than a family
				  member, as defined in Procedure A.5., may be approved to be a sponsor for a
				  furlough leave. If the resident is being taken outside the facility with two
				  (2) facility staff members at least one (1) of which is certified correctional
				  staff (Juvenile Program Worker, Juvenile Program Specialist, Juvenile Facility
				  Operations Supervisor or other certified correctional staff), a furlough leave
				  is not required.
2. A furlough leave must be authorized for a specified
				  location or locations within the State of Maine and for a specified period of
				  time. The primary furlough leave location must have a hard wired
				  telephone.
3. A resident must have successfully completed two (2)
				  furlough passes before being approved for a furlough leave. A resident's first
				  furlough leave may be up to 24 hours long. The second furlough leave may be up
				  to 48 hours long. Subsequent furlough leaves may be up to five (5) days long. A
				  resident may receive no more than two (2) furlough leaves (or furlough passes)
				  per month. The Superintendent, or designee, may grant exceptions to the
				  requirements in this paragraph to a resident who is allowed a special furlough
				  pass or a special furlough leave as set out in Procedure E.
4. The resident must be under the supervision of the
				  resident's approved sponsor at all times, unless otherwise approved by the
				  Superintendent, or designee. A resident granted a special furlough leave, as
				  set out in Procedure E, must either be under the supervision of the resident's
				  approved sponsor or a staff member of the program at all times.
5. A furlough leave, other than a special family emergency
				  furlough leave, must be based on the resident's case plan and may be issued
				  only for one of the following reasons:
a. To participate in an approved treatment program;
b. To attend an interview, assessment or evaluation for
				  placement, treatment, employment, education or other approved reason;
c. To visit with family off-site at an approved
				  location;
6. Except as set out in Procedure E, to be eligible for a
				  furlough leave, a resident must be, at a minimum, on Phase 3, Level 3, must not
				  be classified high risk, and must not have any pending disciplinary charge or
				  proceedings or any disciplinary disposition to be completed.
7. A pending charge, warrant, detainer, or other legal hold,
				  history of or threat of escape or other risk to the resident or others,
				  including the community, may preclude an otherwise eligible resident from a
				  furlough leave.
8. A furlough leave shall be withdrawn for a resident who
				  does not continue to meet all the eligibility criteria up to the time of
				  leaving on the leave and may be withdrawn at any time for any other reason at
				  the discretion of the Superintendent, or designee.
9. Any resident who fails to return from a furlough leave
				  and/or who fails to remain at any specified location is an escapee and shall be
				  handled in accordance with Department of Corrections Juvenile Facilities Policy
				  9.12.
1. The resident's Unit Treatment Team shall determine the
				  appropriateness of furlough passes/furlough leaves for each eligible resident,
				  to include completion of the Furlough Pass/Furlough Leave Eligibility, Risk
				  Assessment and Recommendation Form (Attachment(B) and the conditions under
				  which furlough passes/furlough leaves may be approved as a general
				  matter.
2. The resident's Unit Treatment Team may review its
				  determination if circumstances change.
3. A resident who is eligible and determined appropriate for
				  a furlough pass/furlough leave and who wishes to request a furlough
				  pass/furlough leave must submit a Furlough Pass/Furlough Leave Request form
				  (Attachment(C) to the resident's Juvenile Program Manager, or designee, by a
				  date specified by the Juvenile Program Manager, or designee. The Juvenile
				  Program Manager, or designee, shall contact the resident's Juvenile Community
				  Corrections Officer and, if appropriate, the resident's Department of Human
				  Services Caseworker for input. If the Furlough Pass/Furlough Leave Request is
				  to the sponsor's address and the resident has not previously had a furlough
				  pass/furlough leave to that address, the Juvenile Program Manager, or designee,
				  shall then submit the request to the appropriate Regional Correctional
				  Administrator to conduct a site review.
4. Once the site review report is completed, the Regional
				  Correctional Administrator shall send the report to the Juvenile Program
				  Manager, or designee, who shall bring it and the Furlough Pass/Furlough Leave
				  Request form to the Unit Treatment Team, provided the following requirements
				  have been met:
The Furlough Pass/Furlough Leave Request form has been
					 submitted by the date specified;
										The resident remains eligible for a furlough
					 pass/furlough leave;
										The length of time and the dates are
					 appropriate;
										The form is complete;
										If the resident's sponsor is a family member, the
					 Notice to Sponsor form is on file; and
										If the resident's sponsor is a volunteer, the volunteer
					 has been cleared through the volunteer process; has completed training, to
					 include training specific to furlough passes; and has been approved to take the
					 resident on a furlough pass by the Chief of Volunteers.
5. If the Unit Treatment Team recommends approval of the
				  furlough pass/furlough leave, after considering all relevant information, the
				  Juvenile Program Manager, or designee, shall complete and sign the Furlough
				  Pass/Furlough Leave Authorization form (Attachment(D) and forward the completed
				  form to the Superintendent, or designee, for final determination. The form must
				  be forwarded at least two (2) weeks in advance of the furlough pass/furlough
				  leave date.
6. If the furlough pass/furlough leave is approved by the
				  Superintendent, or designee, the Superintendent, or designee, shall sign the
				  authorization form and return it to the Juvenile Program Manager, or designee.
				  The Juvenile Program Manager, or designee, shall make a copy of the
				  authorization form and forward both the original and the copy to the Juvenile
				  Facility Operations Supervisor. The form shall specify all conditions,
				  including any special conditions, for the furlough pass/furlough leave.
7. At least one (1) week before the resident's furlough
				  pass/furlough leave date, the Juvenile Program Manager, or designee, shall add
				  the resident's name to the Furlough Pass/Furlough Leave List (Attachment(E) and
				  shall forward a copy of the list, once completed, to the Juvenile Facility
				  Operations Supervisor, Central Control, admitting staff, facility health care
				  staff, the Regional Correctional Administrator and the Juvenile Community
				  Corrections Officer.
8. Prior to the resident leaving on the furlough
				  pass/furlough leave, designated facility staff shall check to ensure that the
				  resident continues to meet all the eligibility criteria and shall initial the
				  authorization form indicating that the check has been made.
9. Prior to the resident leaving on the furlough
				  pass/furlough leave, designated facility staff shall meet with the resident to
				  review the conditions and obtain the resident's signature on both the original
				  and the copy of the Furlough Pass/Furlough Leave Authorization form.
10. When the sponsor arrives at the facility to pick up the
				  resident, the Juvenile Facility Operations Supervisor, or designee, shall
				  ensure that facility health care staff are notified to determine whether the
				  resident needs to take any medication while on the furlough pass/furlough
				  leave. If the resident does need to take medication, the health care staff
				  shall provide the medication to the sponsor, unless the resident has attained
				  the age of 18 and does not have a guardian, in which case the medication shall
				  be provided to the resident. In either case, the health care staff shall
				  provide instructions for the taking of the medication.
11. The Juvenile Facility Operations Supervisor, or designee,
				  shall review the rules and conditions of the furlough pass/furlough leave with
				  the sponsor(s) and shall ensure that the sponsor(s) signs both the original and
				  the copy of the Furlough Pass/Furlough Leave Authorization form and shall
				  provide one form to the resident and retain the other until the resident
				  returns. Upon the resident's return, the Juvenile Facility Operations
				  Supervisor, or designee, shall ask the sponsor(s) for the Furlough
				  Pass/Furlough Leave Authorization form that was provided to the resident with
				  the comments that have been added by the sponsor(s). If the sponsor has not
				  completed the comment section of the Furlough Pass/Furlough Leave Authorization
				  form, the sponsor shall be requested to fill it out prior to leaving the
				  facility. That form shall be copied and one shall be forwarded for inclusion in
				  the resident's Master Administrative File and the other for inclusion in the
				  resident's Case Management File.
1. If approved by the Superintendent, or designee, a special
				  furlough pass does not need to meet the requirements in Procedure B. 3 and a
				  special furlough leave does not need to meet the requirements in Procedure C.
				  3.
2. A special furlough pass or special furlough leave is a
				  privilege granted by the Superintendent, or designee, and may only be for the
				  period of time necessary to complete the activity, including travel time to and
				  from the location of the activity.
3. A special family emergency furlough pass/furlough leave is
				  a privilege granted to a resident for a family emergency (life threatening
				  medical emergency, death bed visit, or funeral).
a. For a resident who is eligible for a furlough
				  pass/furlough leave, the Furlough Pass/Furlough Leave Request form shall be
				  submitted by the resident to any facility staff person at the earliest
				  opportunity. The staff person shall notify the Juvenile Program Manager or, in
				  the absence of the Juvenile Program Manager, the Juvenile Facility Operations
				  Supervisor who, in turn, shall notify the Superintendent, or designee, for a
				  decision on the request and ensure that the appropriate paperwork is
				  completed.
b. In the case of a resident who is not otherwise eligible
				  for a furlough pass/furlough leave, the Superintendent, or designee, may
				  authorize a transport of the resident with two (2) facility staff members, at
				  least one (1) of which shall be certified correctional staff.
4. A special evaluation furlough pass/furlough leave is a
				  privilege granted to a resident to attend an interview, assessment, or
				  evaluation for a proposed placement or treatment program.
a. A resident who is not otherwise eligible for a furlough
				  pass/furlough leave may be granted a special evaluation furlough pass/furlough
				  leave, if approved by the Superintendent, or designee.
b. The process for requesting and approving a special
				  evaluation furlough pass/furlough leave is the same as for any other furlough
				  pass/furlough leave, outlined in Procedure D. above, except that the timeframes
				  may be shortened as necessary.
5. A special trial placement furlough leave is a privilege
				  granted to a resident to stay at a proposed placement overnight.
a. A resident who is not otherwise eligible for a furlough
				  pass/furlough leave may be granted a special trial placement furlough leave, if
				  approved by the Superintendent, or designee.
b. The process for requesting and approving a special trial
				  placement furlough leave is the same as for any other furlough leave, outlined
				  in Procedure D. above, except that the timeframes may be shortened as
				  necessary.
6. A special day treatment furlough pass is a privilege
				  granted to a resident to attend a treatment program on a day basis.
a. A resident who is not otherwise eligible for a furlough
				  pass/furlough leave may be granted a special day treatment furlough pass, if
				  approved by the Superintendent, or designee.
b. The process for requesting and approving a special day
				  treatment furlough pass is the same as for any other furlough pass, outlined in
				  Procedure D. above, except that the timeframes may be shortened as
				  necessary.
7. A special hospital admission furlough pass/furlough leave
				  is a privilege granted to a resident for admission to a hospital for medically
				  necessary treatment, as determined by the facility health care staff.
a. For a resident who is eligible for a furlough
				  pass/furlough leave, the Furlough Pass/Furlough Leave Request form shall be
				  submitted by the resident to any facility staff person at the earliest
				  opportunity. The staff person shall notify the Juvenile Program Manager or, in
				  the absence of the Juvenile Program Manager, the Juvenile Facility Operations
				  Supervisor who, in turn, shall notify the Superintendent, or designee, for a
				  decision on the request and ensure that the appropriate paperwork is
				  completed.
b. In the case of a resident who is not otherwise eligible
				  for a furlough pass/furlough leave, the Superintendent, or designee, may
				  authorize a transport of the resident with two (2) facility staff members, at
				  least one (1) of which shall be certified correctional staff.
c. A resident granted a special hospital admission furlough
				  pass/furlough leave may only receive visits or telephone calls from persons who
				  are allowed visits or telephone calls while the resident is at the
				  facility.
8. A special furlough pass/furlough leave must be authorized
				  for a specified location or locations within the State of Maine and for a
				  specified period of time.
9. For a special family emergency furlough pass/furlough
				  leave, the resident must be under the supervision of the resident's approved
				  sponsor at all times For any other special furlough pass/furlough leave, the
				  resident must either be under the supervision of the resident's approved
				  sponsor or a staff member of the program at all times.
1. If a resident is approved for a furlough pass of over six
				  (6) hours, a furlough pass of any length during which the resident goes home,
				  or a furlough leave, any victim requesting notification of the resident's
				  release shall be notified in accordance with Departmental Policy 6.1.
2. If the resident is approved for a furlough leave, the
				  Superintendent, or designee, shall notify local law enforcement at least
				  twenty-four (24) hours in advance of the furlough leave. In the case of a
				  special family emergency furlough leave, if twenty-four (24) hours notice is
				  not possible, notice shall be provided as soon as possible.
3. A copy of the Furlough Pass/Furlough Leave Authorization
				  form shall be sent to the resident's Juvenile Community Corrections Officer
				  upon approval by the Superintendent, or designee.
1. Designated facility staff shall ensure that each resident
				  on a furlough pass authorized for a period of time greater than six (6) hours
				  during which the resident goes home or on a furlough leave is contacted by
				  telephone, and personally spoken to, on a random basis, at least once per
				  shift. If applicable, contact or attempted contact shall be documented in the
				  housing unit log and on the Resident's Contact form. (See Attachment(F)
2. If contact is not made after two (2) tries on any one
				  shift, the staff shall immediately notify the Juvenile Facility Operations
				  Supervisor, who shall notify the Superintendent, or designee. The
				  Superintendent, or designee, shall determine what additional action, if any,
				  should be taken. If the Superintendent, or designee, determines that the
				  resident needs to be contacted in person, the Superintendent, or designee,
				  shall contact local law enforcementand ask them to check on the resident. In
				  the event local law enforcement is unavailable, the resident's Juvenile
				  Community Corrections Officer shall be contacted and asked to check on the
				  resident. After law enforcement or the Juvenile Community Corrections Officer
				  has checked and reported back or if a check was not conducted within a
				  reasonable period of time, the Superintendent, or designee, shall make a
				  decision at that time whether the resident is to be returned to the
				  facility.
3. Instances of non-contact may be grounds for disciplinary
				  action and/or suspension or restriction of furlough pass/furlough leave
				  privileges.
4. In any instance in which contact, as required under
				  Procedure G, is not made after two (2) tries, reports shall be written by
				  appropriate staff detailing all actions taken and the results of those
				  actions.
1. After a resident has been issued a furlough pass/furlough
				  leave, the pass or leave may be terminated at any time for any reason at the
				  discretion of the Superintendent, or designee.
2. If a furlough pass or furlough leave is terminated, the
				  Superintendent, or designee, shall determine whether to ask the sponsor to
				  return the resident to the facility or whether the resident is to be returned
				  to the facility.
3. The Superintendent, or designee, may extend the authorized
				  duration of a furlough pass or furlough leave in the event of an emergency
				  (e.g., storm, verified vehicle breakdown, verified family emergency,
				  etc).
1. A copy of every completed Notice to Sponsor regarding
				  Furlough Passes/Furlough Leave Program form shall be maintained in the
				  individual resident's Master Administrative file and Case Management
				  file.
2. A copy of every Furlough Pass/Furlough Leave Eligibility,
				  Risk Assessment and Recommendation Form shall be maintained in the resident's
				  Master Administrative file and Case Management file.
3. A copy of every Furlough Pass/Furlough Leave Request form,
				  whether or not processed, and every Authorization Form, whether or not the
				  request is approved, shall be maintained in the resident's Master
				  Administrative file and Case Management file.
4. A copy of every Furlough Pass/Furlough Leave List shall be
				  maintained by the Superintendent, or designee.
5. Whenever a resident departs the facility on a furlough
				  pass/furlough leave, designated facility staff shall make a log notation to
				  include the date and time of the resident's departure, and name of the sponsor
				  who is picking up the resident. Whenever a resident returns from a furlough
				  pass/furlough leave, designated facility staff shall make a log notation to
				  include the date and time of the resident's return, name of the sponsor who is
				  dropping off the resident, and the receipt of the Furlough Pass/Furlough Leave
				  Authorization form, with comments added by the sponsor. Designated staff shall
				  ensure that appropriate changes are recorded to the internal facility resident
				  count.
6. In any instance in which contact, as required under
				  Procedure G, is not made after two (2) tries, copies of the written reports
				  detailing all actions taken and the results of those actions shall be
				  maintained in the resident's Master Administrative file and Case Management
				  file.
VII.
PROFESSIONAL STANDARDS:
ACA: 3-JTS-5I-01, 3-JTS-5I-02, 3-JTS-5I-03, 3-JTS-5I-04,
				  3-JTS-5I-06
ATTACHMENTS:
(APA Office Note: attachments may be obtained from
				  the Department of Corrections.)