CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 2303
Chapter 118, Laws of 2024
68th Legislature
2024 Regular Session
CONDITIONS OF COMMUNITY CUSTODY—MODIFICATION
EFFECTIVE DATE: March 15, 2024
Passed by the House February 13, 2024 CERTIFICATE
Yeas 58 Nays 39
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SUBSTITUTE HOUSE BILL
2303 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate February 28,
2024
Yeas 38 Nays 11 BERNARD DEAN
Chief Clerk
DENNY HECK
President of the Senate
Approved March 15, 2024 9:49 AM FILED
March 15, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SUBSTITUTE HOUSE BILL 2303
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Community Safety, Justice, & Reentry (originally sponsored
by Representatives Goodman, Simmons, and Peterson)
READ FIRST TIME 01/31/24.
1 AN ACT Relating to modification of conditions of community
2 custody; amending RCW 9.94A.704, 9.94A.703, 9.94A.709, 9.94A.730,
3 9.95.420, 9.95.435, and 10.73.100; reenacting and amending RCW
4 10.95.030; creating a new section; and declaring an emergency.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 Sec. 1. RCW 9.94A.704 and 2022 c 29 s 9 are each amended to read
7 as follows:
8 (1) Every person who is sentenced to a period of community
9 custody shall report to and be placed under the supervision of the
10 department, subject to RCW 9.94A.501.
11 (2)(a) The department shall assess the offender's risk of
12 reoffense and may establish and modify additional conditions of
13 community custody based upon the risk to community safety.
14 (b) Within the funds available for community custody, the
15 department shall determine conditions ((on the basis of risk to
16 community safety)) as provided for in this section, and shall
17 supervise offenders during community custody on the basis of risk to
18 community safety and conditions imposed by the court. The secretary
19 shall adopt rules to implement the provisions of this subsection
20 (2)(b).
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 1 (3) If the offender is supervised by the department, the
2 department shall at a minimum instruct the offender to:
3 (a) Report as directed to a community corrections officer;
4 (b) Remain within prescribed geographical boundaries;
5 (c) Notify the community corrections officer of any change in the
6 offender's address or employment; and
7 (d) Disclose the fact of supervision to any mental health,
8 chemical dependency, or domestic violence treatment provider, as
9 required by RCW 9.94A.722.
10 (4) The department may require the offender to participate in
11 rehabilitative programs, or otherwise perform affirmative conduct,
12 and to obey all laws.
13 (5) If the offender was sentenced pursuant to a conviction for a
14 sex offense or domestic violence, the department may:
15 (a) Require the offender to refrain from direct or indirect
16 contact with the victim of the crime or immediate family member of
17 the victim of the crime. If a victim or an immediate family member of
18 a victim has requested that the offender not contact him or her after
19 notice as provided in RCW 72.09.340, the department shall require the
20 offender to refrain from contact with the requestor. Where the victim
21 is a minor, the parent or guardian of the victim may make a request
22 on the victim's behalf. This subsection is not intended to reduce the
23 preexisting authority of the department to impose no-contact
24 conditions regardless of the offender's crime and regardless of who
25 is protected by the no-contact condition, where such condition is
26 based on risk to community safety.
27 (b) Impose electronic monitoring. Within the resources made
28 available by the department for this purpose, the department shall
29 carry out any electronic monitoring using the most appropriate
30 technology given the individual circumstances of the offender. As
31 used in this section, "electronic monitoring" has the same meaning as
32 in RCW 9.94A.030.
33 (6) The department may not impose conditions that are contrary to
34 those ordered by the court and may not contravene or decrease court-
35 imposed conditions.
36 (7)(a) The department shall notify the offender in writing of any
37 additional conditions or modifications.
38 (b) ((By the close of the next business day after)) Within 10
39 business days of receiving notice of a condition imposed or modified
40 by the department, an offender may request an administrative review
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 1 under rules adopted by the department. The condition shall remain in
2 effect ((unless)) if the reviewing officer finds that it is ((not))
3 reasonably related to ((the)) at least one of the following: The
4 crime of conviction, the offender's risk of reoffending, or the
5 safety of the community.
6 (8) The department shall notify the offender in writing upon
7 community custody intake of the department's violation process.
8 (9) The department may require offenders to pay for special
9 services rendered including electronic monitoring, day reporting, and
10 telephone reporting, dependent on the offender's ability to pay. The
11 department may pay for these services for offenders who are not able
12 to pay.
13 (10)(a) When an offender on community custody is under the
14 authority of the board, the department shall assess the offender's
15 risk of recidivism and shall recommend to the board any additional or
16 modified conditions based upon the offender's crime of conviction,
17 risk of reoffense, or risk to community safety and may recommend
18 affirmative conduct or electronic monitoring consistent with
19 subsections (4) through (6) of this section.
20 (b) The board may impose or modify conditions in addition to
21 court-ordered conditions. The board may not impose conditions that
22 are contrary to those ordered by the court and may not contravene or
23 decrease court-imposed conditions. The board must consider and may
24 impose department-recommended conditions. The board must impose a
25 condition requiring the offender to refrain from contact with the
26 victim or immediate family member of the victim as provided in
27 subsection (5)(a) of this section. Regardless of the offender's date
28 of sentencing, additional conditions imposed or modified by the board
29 may be based upon the offender's crime of conviction, risk of
30 reoffense, or risk to community safety. The additional conditions of
31 community custody need not be crime-related if the conditions
32 reasonably relate to either the risk of reoffense or risk to
33 community safety.
34 (c) ((By the close of the next business day, after)) Within 10
35 business days of receiving notice of a condition imposed by the board
36 or the department, an offender may request an administrative hearing
37 under rules adopted by the board. The condition shall remain in
38 effect ((unless)) if the hearing examiner finds that it is ((not))
39 reasonably related to ((any)) at least one of the following:
40 (i) The crime of conviction;
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 1 (ii) The offender's risk of reoffending;
2 (iii) The safety of the community; or
3 (iv) The offender's risk of domestic violence reoffense.
4 (d) If the department finds that an emergency exists requiring
5 the immediate imposition of additional conditions in order to prevent
6 the offender from committing a crime, the department may impose such
7 conditions. The department may not impose conditions that are
8 contrary to those set by the board or the court and may not
9 contravene or decrease court-imposed or board-imposed conditions.
10 Conditions imposed under this subsection shall take effect
11 immediately after notice to the offender by personal service, but
12 shall not remain in effect longer than seven working days unless
13 approved by the board.
14 (e) The board shall notify the offender in writing of any
15 additional or modified conditions.
16 (11) In setting, modifying, and enforcing conditions of community
17 custody, the department shall be deemed to be performing a
18 quasi-judicial function.
19 Sec. 2. RCW 9.94A.703 and 2022 c 29 s 8 are each amended to read
20 as follows:
21 When a court sentences a person to a term of community custody,
22 the court shall impose conditions of community custody as provided in
23 this section.
24 (1) Mandatory conditions. As part of any term of community
25 custody, the court shall:
26 (a) Require the offender to inform the department of court-
27 ordered treatment upon request by the department;
28 (b) Require the offender to comply with any conditions imposed by
29 the department under RCW 9.94A.704;
30 (c) If the offender was sentenced under RCW 9.94A.507 for an
31 offense listed in RCW 9.94A.507(1)(a), and the victim of the offense
32 was under 18 years of age at the time of the offense, prohibit the
33 offender from residing in a community protection zone;
34 (d) If the offender was sentenced under RCW 9A.36.120, prohibit
35 the offender from serving in any paid or volunteer capacity where he
36 or she has control or supervision of minors under the age of 13.
37 (2) Waivable conditions. Unless waived by the court, as part of
38 any term of community custody, the court shall order an offender to:
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 1 (a) Report to and be available for contact with the assigned
2 community corrections officer as directed;
3 (b) Work at department-approved education, employment, or
4 community restitution, or any combination thereof;
5 (c) Refrain from possessing or consuming controlled substances
6 except pursuant to lawfully issued prescriptions; and
7 (d) Obtain prior approval of the department for the offender's
8 residence location and living arrangements.
9 (3) Discretionary conditions. As part of any term of community
10 custody, the court may order an offender to:
11 (a) Remain within, or outside of, a specified geographical
12 boundary;
13 (b) Refrain from direct or indirect contact with the victim of
14 the crime or a specified class of individuals;
15 (c) Participate in crime-related treatment or counseling
16 services;
17 (d) Participate in rehabilitative programs or otherwise perform
18 affirmative conduct reasonably related to the circumstances of the
19 offense, the offender's risk of reoffending, or the safety of the
20 community;
21 (e) Refrain from possessing or consuming alcohol; or
22 (f) Comply with any crime-related prohibitions.
23 (4) Special conditions.
24 (a) In sentencing an offender convicted of a crime of domestic
25 violence, as defined in RCW 10.99.020, if the offender has a minor
26 child, or if the victim of the offense for which the offender was
27 convicted has a minor child, the court may order the offender to
28 participate in a domestic violence perpetrator program approved under
29 RCW 43.20A.735.
30 (b)(i) In sentencing an offender convicted of an alcohol or drug-
31 related traffic offense, the court shall require the offender to
32 complete a diagnostic evaluation by a substance use disorder
33 treatment program approved by the department of social and health
34 services or a qualified probation department, defined under RCW
35 46.61.516, that has been approved by the department of social and
36 health services. If the offense was pursuant to chapter 46.61 RCW,
37 the report shall be forwarded to the department of licensing. If the
38 offender is found to have an alcohol or drug problem that requires
39 treatment, the offender shall complete treatment in an approved
40 substance use disorder treatment program as defined in chapter 71.24
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 1 RCW. If the offender is found not to have an alcohol or drug problem
2 that requires treatment, the offender shall complete a course in an
3 alcohol and drug information school licensed or certified by the
4 department of health under chapter 70.96A RCW. The offender shall pay
5 all costs for any evaluation, education, or treatment required by
6 this section, unless the offender is eligible for an existing program
7 offered or approved by the department of social and health services.
8 (ii) For purposes of this section, "alcohol or drug-related
9 traffic offense" means the following: Driving while under the
10 influence as defined by RCW 46.61.502, actual physical control while
11 under the influence as defined by RCW 46.61.504, vehicular homicide
12 as defined by RCW 46.61.520(1)(a), vehicular assault as defined by
13 RCW 46.61.522(1)(b), homicide by watercraft as defined by RCW
14 79A.60.050, or assault by watercraft as defined by RCW 79A.60.060.
15 (iii) This subsection (4)(b) does not require the department of
16 social and health services to add new treatment or assessment
17 facilities nor affect its use of existing programs and facilities
18 authorized by law.
19 (5)(a) On the motion of the offender, following the offender's
20 release from total confinement, the court may amend the substantive
21 conditions of community custody imposed by the court.
22 (b) The offender shall have the burden of proving by a
23 preponderance of the evidence that there has been a substantial
24 change in circumstances such that the condition of community custody
25 is no longer necessary for community safety. In determining whether
26 there has been a substantial change in circumstances, the court may
27 not base its determination solely on the fact that time has passed
28 without a violation.
29 (c) An offender may file a motion to modify substantive
30 conditions of community custody imposed by the court no more than
31 once in every 12-month period that the order is in effect, starting
32 from the date of the order.
33 (d) The time limit for collateral attacks established under RCW
34 10.73.090 does not apply to any motion filed pursuant to this
35 subsection.
36 (e) A motion under this subsection may not reopen the offender's
37 conviction to challenges that would otherwise be barred by RCW
38 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
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 1 Sec. 3. RCW 9.94A.709 and 2008 c 231 s 14 are each amended to
2 read as follows:
3 (1) At any time prior to the completion or termination of a sex
4 offender's term of community custody, if the court finds that public
5 safety would be enhanced, the court may impose and enforce an order
6 extending any or all of the conditions of community custody for a
7 period up to the maximum allowable sentence for the crime as it is
8 classified in chapter 9A.20 RCW, regardless of the expiration of the
9 offender's term of community custody.
10 (2)(a) On the motion of the offender, following the offender's
11 release from total confinement, the court may amend the substantive
12 conditions of community custody imposed by the court.
13 (b) The offender shall have the burden of proving by a
14 preponderance of the evidence that there has been a substantial
15 change in circumstances such that the condition of community custody
16 is no longer necessary for community safety. In determining whether
17 there has been a substantial change in circumstances, the court may
18 not base its determination solely on the fact that time has passed
19 without a violation.
20 (c) An offender may file a motion to modify substantive
21 conditions of community custody imposed by the court no more than
22 once in every 12-month period that the order is in effect, starting
23 from the date of the order.
24 (d) The time limit for collateral attacks established under RCW
25 10.73.090 does not apply to any motion filed pursuant to this
26 subsection.
27 (e) A motion under this subsection may not reopen the offender's
28 conviction to challenges that would otherwise be barred by RCW
29 10.73.090, 10.73.100, 10.73.140, or other procedural barriers.
30 (3) If a violation of a condition extended under this section
31 occurs after the expiration of the offender's term of community
32 custody, it shall be deemed a violation of the sentence for the
33 purposes of RCW 9.94A.631 and may be punishable as contemp