In Washington State, courts often order convicts to participate in community custody. Known in other places as parole, community custody can impose a wide range of restrictions. People under community custody may not be able to drive or leave certain geographic boundaries. They may even need to live in approved housing.
Over time, people can change, and they may overcome the issues that led to their previous legal troubles. They may work toward new career opportunities or develop healthy relationships. And when the terms of their community custody would prevent them from living a healthy, productive life, they may be able to request a modification of those terms.
What are the rules for modifications to community custody?
A recent change to the laws for community custody provides new clarity to those seeking modifications. These changes became effective in March 2024 and make several key points:
- It is the responsibility of the person under community custody (the “offender”) to request the changes.
- No offender can make more than one request for modifications of community custody per 12-month period.
- The offender must show that there has been a “substantial change” in circumstances that makes it possible to change one or more terms of the order without putting the public at risk.
- The standard for proof is a “preponderance of the evidence,” meaning it must be more likely the changes are appropriate and will be safe than that they are not appropriate or will not be safe.
- The court can consider the time the offender has managed to avoid any violations of the community custody order, but that may not be the court’s only consideration. The court must also base its decision on other evidence.
When someone presents their case for the modification of community custody, it is important to understand what evidence the court is likely to find valuable. It is also important to understand how to present that evidence.
Good work deserves acknowledgement
The truth is that everyone changes over time. People who did bad or foolish things when they were younger may learn and mature and grow toward better places in their lives. Community custody orders are supposed to keep the public safe. They are not necessarily designed to prevent past offenders from changing their ways and moving to places where they can pursue meaningful careers or loving relationships as spouses and parents.
It is important to acknowledge past failures, and it is also important to advocate for future opportunities. When the terms of a years-old court order are no longer necessary for the public’s safety, they should not stop people from rebuilding their lives. These are the times that it’s worth asking for a change.