---
kind: "section"
citation: "28 C.F.R. § 570.38"
title: "28"
number: "570.38"
heading: "Conditions of Furlough."
url: "https://uscodex.org/cfr/28/570.38"
---

# §570.38. Conditions of Furlough.

- (a) An inmate who violates the conditions of a furlough may be considered an escapee under 18 U.S.C. [4082](/usc/18/4082.md) or [18](/usc/18/18.md) 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 The inmate must pre-authorize all testing fee(s) to be withdrawn directly from his/her inmate deposit fund account;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).

## Notes

### Source

Source: 76 FR 1517, Jan. 11, 2011, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 18 U.S.C. 751, 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 4161-4166, 5006-5024 (Repealed October 12, 1984, as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.