How to Get a Furlough in Tennessee for the Birth of a Child

Female inmates in Tennessee may be granted a furlough to give birth.

Inmates in Tennessee state prisons may be granted furloughs, which are brief periods of time in which they may leave the prison, for specific situations specified in state law. The inmate is required to return to the prison by a specified date. For impending births, state law allows the corrections department to grant furloughs to pregnant female inmates for up to six months to allow the mother to give birth in a hospital and to bond with her child. As of 2010, state law makes no such furlough provision for male inmates to attend the births of their children.

Instructions

1. Petition the Department of Corrections for a furlough (see "Resources"). Submit the appropriate paperwork well in advance of the time that you wish to receive the furlough. State the reason for your request for a furlough. Ask for the length of time that you want for your furlough; state law provides for a period of up to six months for furloughs due to births. Your attorney or public defender can help you navigate this process.

2. Include a doctor's statement of when your expected delivery due date is. If you became pregnant while incarcerated, state law does not allow you to be granted a furlough. You are only eligible for a furlough to give birth if you entered prison pregnant. The state is also not responsible for any medical expenses you incur while on furlough. Be prepared to present a plan for how you will obtain and pay for medical care for you and your baby while on furlough.

3. Wait while the department of corrections reviews your request. The department must ensure that you will not be a threat to public safety or otherwise disrupt society during your furlough.

4. Wait for your sentencing judge or his successor to review and approve your request. His approval is required under state law for you to be granted a furlough.

5. Wait for the corrections department to notify the chief law enforcement officer of the county in which you will be during your furlough of your pending arrival. This notification is required under state law.

6. Wait for the corrections department to notify its oversight committee of your impending furlough. The department is required under state law to submit your name, reason for the furlough and dates of the furlough to the committee.

References

• Justia: Tennessee Code 41-21-227, Grant of Furloughs to Inmates
• Tennessee Department of Corrections: Furlough Procedures

Resources

• Tennessee Department of Corrections: Contact Us