Community custody is a form of supervision imposed by the Washington Department of Corrections (DOC) as part of an offender’s sentence. It functions similarly to probation or parole but applies specifically to certain felony offenders after their release from prison or as a direct sentence alternative. This period of supervision ensures compliance with court-imposed conditions while helping individuals reintegrate into society.

Legal Basis for Community Custody

Community custody is governed by two main statutes. These are RCW 9.94A.701 and RCW 9.94A.703. The two laws outline the types of offenses that warrant community custody and the standard conditions offenders must follow. Sentences involving community custody often apply to individuals convicted of:

In some cases, community custody may replace a portion of an offender’s prison sentence, allowing for supervised release into the community.

Conditions of Community Custody

Offenders placed under community custody must comply with strict conditions. These may include:

  • Regular check-ins with a community corrections officer (CCO),
  • Maintaining approved housing and employment,
  • Abstaining from drugs and alcohol,
  • Attending court-ordered treatment programs (for example, drug rehabilitation or mental health counseling),
  • Avoiding contact with certain individuals (such as victims or known criminals),
  • Submitting to random drug tests, and
  • Wearing electronic monitoring devices, if required.

Failure to follow these conditions can result in sanctions, including increased supervision, stricter conditions, or re-incarceration.

Modifying or Challenging Community Custody Conditions

Washington law allows individuals under community custody to request modifications to their supervision conditions under specific circumstances. As of 2024, individuals can petition for changes if they can demonstrate a significant change in their situation that makes a condition unnecessary for public safety. Courts review these requests on a case-by-case basis.

Consequences of Violating Community Custody

If an individual violates the conditions of their community custody, the DOC may impose sanctions, which can range from warnings and increased supervision to arrest and incarceration. Violations are reviewed by DOC officers, and offenders may be required to appear before a hearings officer to determine appropriate penalties.

Contact Black & Askerov for Help

If you are facing a felony charge in Washington, community custody might allow you to avoid harsh prison time. However, securing community custody will require the help of a skilled criminal defense lawyer. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience helping clients get community custody. We defend clients on a wide variety of felony charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!

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