Community Custody. Community custody is the portion of a person's criminal sentence served in the community under the supervision of the Department of Corrections (DOC) after release from confinement. Courts are mandated to order community custody for individuals convicted of certain crimes and the term of community custody varies depending on the underlying offense.

Conditions and Sanctions. While on community custody, an individual is subject to conditions imposed by the court and DOC.  DOC may establish and modify conditions based on risks to community safety, and may issue a warrant for the arrest of any person who violates a condition of community custody. If an individual violates a condition of supervision, they may be subject to sanctions. Sanctions vary depending on the type of violation, the underlying offense, and other conditions. For many types of violations, a sanction can include being returned to confinement for a specified period.

Supervision Credit.  An individual may earn supervision compliance credit to reduce the period of time they are required to serve in community custody. Credit accrues monthly and may not be applied before being earned. An individual may earn ten days of credit for each month of community custody served.

Supervision compliance credit is awarded for complying with supervision terms and making progress towards the goals of an individualized supervision case plan, including:

• participating in specific targeted interventions, risk-related programming, or treatment; or
• completing steps towards specific, targeted goals that enhance protective factors and stability, as determined by DOC.

Eligibility. Certain individuals do not qualify for supervision compliance credit, including individuals sentenced under a:

• parenting sentencing alternative;
• drug offender sentencing alternative;
• special sex offender sentencing alternative; and
• first time offender waiver.

Sentencing alternatives generally allow an individual to receive a reduced or waived term of confinement and serve a longer term of community custody.  Violations may result in the sentencing alternative being revoked and the individual being required to return to confinement to complete the entire sentence.

Commutations and Pardons. The Washington State Constitution provides the Governor with the authority to grant a pardon or reprieve, or commute a sentence, subject to such regulations and restrictions that may be prescribed by law. A commutation is a reduction of criminal penalties and does not nullify the conviction. State law contains a number of statutory  provisions related to the Governor's authority to grant pardons and commutations, including, for example:

• the Governor, upon recommendation from the Clemency and Pardons Board, may grant an individual serving a sentence in DOC custody an extraordinary release for reasons of serious health problems, senility, advanced age, extraordinary meritorious acts, or other extraordinary circumstances; or
• when an individual has been sentenced to death, the Governor may commute such sentence to imprisonment for life, and in all cases in which the Governor is authorized to grant pardons or commute sentence of death, the Governor may, upon the petition of the person convicted, commute a sentence or grant a pardon upon such conditions, restrictions, and limitations as the Governor may think proper.

Supervision Credit. Supervision compliance credit is awarded for complying with supervision terms as determined by DOC, and the procedures that are developed and adopted must be available on DOC's website. 

The manner in which supervision compliance credits are awarded is modified to be as determined by DOC instead of requiring individuals be in compliance with making progress towards the goals of their individualized supervision case plan including:

• participation in specific targeted interventions;
• risk-related programming, or treatment; or
• completing steps towards specific targeted goals that enhance protective factors and stability.

An individual shall lose the ability to earn supervision compliance credits if the individual is sanctioned to a court for noncompliance with community custody requirements.

Eligibility. Individuals subject to a Governor's conditional commutation or completing any sentencing alternative under the Sentencing Reform Act, instead of specified sentencing alternatives, are added to the categories of individuals who do not qualify for supervision compliance credit.

PRO: This would make awarding supervision compliance credits more efficient and equitable. It would allow for a better utilization of staff time. Current process is bureaucratic and complex, resulting in significant time spent completing clerical work and working with individuals who are already in compliance. More time could be available to spend on individuals who are higher risk in our communities. Supervised individuals will still be required to work on goals.