§ 570.38. Conditions of Furlough.
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/us/cfr/t28/s§ 570.38·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)An inmate who violates the conditions of a furlough may be considered an escapee under 18 U.S.C. 4082 or 18 U.S.C. 751, and may be subject to criminal prosecution and institution disciplinary action.
(b)A furlough will only be approved if an inmate agrees to the following conditions and understands that, while on furlough, he/she:
(1)Remains in the legal custody of the U.S. Attorney General, in service of a term of imprisonment;
(2)Is subject to prosecution for escape if he/she fails to return to the institution at the designated time;
(3)Is subject to institution disciplinary action, arrest, and criminal prosecution for violating any condition(s) of the furlough;
(4)May be thoroughly searched and given a urinalysis, breathalyzer, and other comparable test, during the furlough or upon return to the institution, and must pre-authorize the cost of such test(s) if the inmate or family members are paying the other costs of the furlough. The inmate must pre-authorize all testing fee(s) to be withdrawn directly from his/her inmate deposit fund account;
(5)Must contact the institution (or United States Probation Officer) in the event of arrest, or any other serious difficulty or illness; and
(6)Must comply with any other special instructions given by the institution.
(c)While on furlough, the inmate must not:
(1)Violate the laws of any jurisdiction (federal, state, or local);
(2)Leave the area of his/her furlough without permission, except for traveling to the furlough destination, and returning to the institution;
(3)Purchase, sell, possess, use, consume, or administer any narcotic drugs, marijuana, alcohol, or intoxicants in any form, or frequent any place where such articles are unlawfully sold, dispensed, used, or given away;
(4)Use medication that is not prescribed and given to the inmate by the institution medical department or a licensed physician;
(5)Have any medical/dental/surgical/psychiatric treatment without staff's written permission, unless there is an emergency. Upon return to the institution, the inmate must notify institution staff if he/she received any prescribed medication or treatment in the community for an emergency;
(6)Possess any firearm or other dangerous weapon;
(7)Get married, sign any legal papers, contracts, loan applications, or conduct any business without staff's written permission;
(8)Associate with persons having a criminal record or with persons who the inmate knows to be engaged in illegal activities without staff's written permission;
(9)Drive a motor vehicle without staff's written permission, which can only be obtained if the inmate has proof of a currently valid driver's license and proof of appropriate insurance; or
(10)Return from furlough with anything the inmate did not take out with him/her (for example, clothing, jewelry, or books).
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