Probation Rules in Washington
Washington uses 'community custody' for felony supervision, with terms set by statute (typically 12 months for most offenses, 36 months for sex offenses). Misdemeanor probation can last up to 2 years. Early termination is available after completing half the term with compliance.
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Overview
Washington State operates under a determinate sentencing system governed by the Sentencing Reform Act (SRA) of 1981. The state uses the term 'community custody' rather than traditional probation or parole for felony supervision. Community custody is a court-ordered period of supervision by the Department of Corrections (DOC) following or in lieu of confinement. Community Corrections Officers (CCOs) employed by DOC supervise individuals on community custody. For misdemeanor offenses, courts may impose traditional probation supervised by court probation officers. The length of community custody is set by statute based on the offense classification and seriousness level, not by judicial discretion. Washington also has the Indeterminate Sentencing Review Board (ISRB) for certain serious offenses. Conditions are imposed by both the court and DOC.
Quick Answer
Washington uses 'community custody' for felony supervision, with terms set by statute (typically 12 months for most offenses, 36 months for sex offenses). Misdemeanor probation can last up to 2 years. Early termination is available after completing half the term with compliance.
Probation Types
| Type | Description | Max Length |
|---|---|---|
| Community Custody (Standard Felony) | Court-ordered supervision by the Department of Corrections following or in lieu of confinement for felony offenses. Supervised by Community Corrections Officers (CCOs). Conditions are set by both the sentencing court and DOC. The term is determined by statute based on offense seriousness, not judicial discretion. This replaced what was formerly known as parole in Washington. | 12 months for most felony offenses under the Sentencing Reform Act |
| Community Custody (Sex Offenses) | Extended community custody for individuals convicted of sex offenses, with additional conditions such as sex offender treatment, registration requirements, restrictions on contact with minors, limits on internet and computer use, and polygraph examinations. Supervised by specialized CCOs with sex offender caseloads. | 36 months; lifetime supervision for certain serious sex offenses |
| Community Custody (Serious Violent Offenses) | Community custody for individuals convicted of serious violent offenses under the SRA. May involve heightened supervision conditions, restrictions on victim contact, and participation in violence intervention programming. The ISRB may be involved in release and supervision decisions for certain offenses. | 36 months; lifetime for certain offenses as determined by the ISRB |
| Misdemeanor Probation (Court-Supervised) | Traditional probation for misdemeanor offenses, supervised by court probation officers rather than DOC. Conditions are set by the sentencing court and may include reporting requirements, drug testing, community service, treatment, and payment of fines. Governed by RCW 9.95 rather than the SRA. | 2 years |
Probation Conditions
- ✓Report to Community Corrections Officer
Report as directed to an assigned CCO at the frequency and location specified. The DOC determines reporting schedules based on risk classification.
- ✓Remain Within Geographic Boundaries
Stay within prescribed geographical boundaries as ordered by the court or DOC. Typically limited to the county of residence unless prior approval is obtained.
- ✓Notify of Address or Employment Changes
Inform the CCO of any change in address or employment within 24-48 hours. Maintain a stable, approved residence.
- ✓Drug and Alcohol Testing
Submit to random or scheduled drug and alcohol testing as directed by the CCO. Refrain from consuming alcohol if ordered by the court.
- ✓No Firearms or Weapons
Do not own, possess, use, or have access to firearms or dangerous weapons during the community custody term.
- ✓No New Criminal Offenses
Refrain from committing any new criminal offenses, whether felony, gross misdemeanor, or misdemeanor.
- ✓Pay Fines, Fees, and Restitution
Make payments toward legal financial obligations (LFOs) as ordered by the court, including victim restitution, court costs, and supervision fees.
- ✓Maintain Employment
Obtain and maintain lawful employment or be engaged in an approved educational, vocational, or treatment program.
- ✓Participate in Treatment or Counseling
Attend and complete crime-related treatment or counseling as ordered by the court, such as substance abuse treatment, domestic violence intervention, cognitive-behavioral therapy, or mental health counseling.
- ✓Disclose Supervision Status to Treatment Providers
Inform any mental health, chemical dependency, or domestic violence treatment provider of your supervision status with DOC.
- ○No Contact with Victim
Refrain from all direct or indirect contact with the victim of the offense, including through third parties, social media, or electronic communication.
- ○Electronic Monitoring
Wear an electronic monitoring device (GPS ankle bracelet) as directed by the court or DOC. Maintain the device charged and functional at all times.
✓ = typical condition ○ = case-specific
Violations
| Type | Examples | Consequences |
|---|---|---|
| Low-Level Violation | Missed appointment with CCO, minor curfew violation, failure to notify of address change promptly, missed community service appointment | DOC may impose nonconfinement sanctions such as increased reporting, community service, or work crew. DOC may also impose up to 3 days of total confinement for low-level violations without a court hearing. Graduated sanctions are applied based on DOC policy. |
| High-Level Violation | Failed drug test, unauthorized travel outside geographic boundaries, missed multiple appointments, contact with victims, failure to attend mandatory treatment | DOC refers the violation to the court for a hearing. Sanctions may include up to 30 days of confinement per violation, increased supervision conditions, electronic monitoring, or residential treatment placement. The court may also extend the community custody term in some cases. |
| New Criminal Offense | Arrest or conviction for any new felony, gross misdemeanor, or misdemeanor offense, including DUI, assault, theft, or drug offenses | Revocation hearing before the court. The court may revoke community custody and impose confinement for the remaining term. New charges are prosecuted separately. The individual faces both the consequences of the new offense and potential revocation of community custody. |
| Absconding | Failing to report for an extended period, leaving the jurisdiction without authorization, whereabouts unknown to CCO | DOC issues a warrant for arrest. The community custody term is tolled (paused) during the period of absconding. Upon apprehension, the individual faces confinement sanctions and potential revocation. Absconding time does not count toward completion of the community custody term. |
Early Termination of Probation
Available.
Travel Rules
Probation vs Parole
Washington State largely replaced the traditional parole system with community custody under the Sentencing Reform Act (SRA) of 1981. Community custody is a court-ordered period of supervision that follows or substitutes for confinement, with the term set by statute rather than by a parole board. The Indeterminate Sentencing Review Board (ISRB) retains authority over certain serious offenses, functioning similarly to a traditional parole board for those cases. Misdemeanor probation remains court-supervised and operates more like traditional probation. The key distinction is that community custody terms are determined at sentencing based on the offense classification, providing predictability, while traditional parole involved discretionary release decisions made during incarceration. Community Corrections Officers (CCOs) employed by DOC supervise individuals on community custody, similar to parole agents in other states.
Frequently Asked Questions
- What is community custody in Washington?
- Community custody is Washington's term for post-conviction supervision in the community for felony offenses. It replaced traditional parole under the Sentencing Reform Act. The term is set by statute based on the offense and is supervised by Community Corrections Officers (CCOs) employed by the Department of Corrections. It is ordered by the court at sentencing, not decided by a parole board.
- How long does community custody last?
- For most felony offenses, community custody lasts 12 months under the SRA. Sex offenses carry 36 months of community custody, and certain serious or violent offenses may carry lifetime supervision. Misdemeanor probation can last up to 2 years. The court does not have discretion to set the community custody term outside statutory ranges for most offenses.
- What happens if I get a low-level violation?
- For low-level violations, DOC can impose nonconfinement sanctions (increased reporting, community service, work crew) or up to 3 days of total confinement without a court hearing. These graduated sanctions are designed to address minor noncompliance without formal revocation proceedings. Repeated low-level violations may be escalated to high-level status.
- Can DOC impose jail time without a court hearing?
- Yes, for low-level violations, DOC may impose up to 3 days of confinement as a swift and certain sanction without a court hearing. For high-level violations, DOC must refer the matter to the court, where the individual has the right to a hearing and potential sanctions of up to 30 days of confinement per violation.
- Can I get early termination of community custody?
- Yes, after completing at least half of your community custody term with no violations, your CCO or attorney may request early termination. DOC evaluates your compliance and risk level and, if appropriate, recommends early termination to the sentencing court. The court makes the final decision.
- What is the ISRB?
- The Indeterminate Sentencing Review Board (ISRB) is a state board that retains authority over individuals sentenced for certain serious offenses, including some violent and sex offenses committed before the SRA or under specific statutes. The ISRB functions similarly to a traditional parole board, making release and supervision decisions for these cases.
Take Action — Direct Links
- Washington DOC - Supervision in the Community
Official DOC page describing community custody, supervision levels, and contact information for community corrections offices.
- RCW 9.94A.703 - Community Custody Conditions
Full text of the statute governing conditions that may be imposed during community custody.
- RCW 9.94A.737 - Community Custody Violations and Sanctions
Full text of the statute governing the violation process, sanctions, and disciplinary proceedings for community custody.
- RCW 9.94A.704 - Community Custody Supervision by DOC
Statute governing DOC's role in supervising community custody, including mandatory and discretionary conditions.