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What The Law Says

In 2024, Washington State passed House Bill 2303, which gives people under community custody (the supervision period after prison, similar to parole) the right to ask a court to change their conditions.

To get a change, you must show the court that something in your situation has significantly changed, and because of that, the condition is no longer needed to protect the community.

How to Request a Change

1. Meet the legal standard: “preponderance of the evidence.”

  • This means you must show it’s more likely than not (51% or more) that your situation has changed in a meaningful way.
  • Examples:
    • Completed treatment; Employment or school; Stable housing;
    • Consistent compliance; Improved health or behavior;
    • No new violations (Note: the court may not base its decision solely on the passage of time without violations—you must show additional positive change)

2. File a written request (“motion”) with the court.

  • Your motion must list:
    • Which condition(s) you want changed, and
    • Why the condition is no longer needed
  • You can only make this request once every 12 months.

3. Provide evidence of your progress.

  • Include:
    • Letters of support; Program certificates; Job/housing verification
    • Treatment records; Positive community involvement; Anything showing rehabilitation

4. The judge decides.

  • The court reviews each request case-by-case and has full discretion (legal authority) to approve or deny the change.

What Types of Conditions Can Be Changed?

Waivable Mandatory Conditions

  • Mandatory unless the judge chooses to waive them:
  • Examples
    • Reporting to a CCO; Working or doing approved programs; No illegal drugs; DOC approval of residence

Discretionary Conditions

  • These are optional and most often modifiable:
    • Staying out of certain areas; No contact orders; Treatment or counseling;
    • Alcohol restrictions; Other crime-related prohibitions

Mandatory Conditions

  • These cannot be removed.
  • Examples:
    • Must follow DOC rules; Must report treatment when asked; Restrictions related to certain minor-involved offenses

What Conditions Cannot Be Imposed

  • Courts and the ISRB may NOT impose conditions that are:
    • Vague (unclear or undefined)
    • Unconstitutional
    • Overbroad (restrict more than necessary)
  • Examples of illegal conditions:
    • Undefined bans on “romantic relationships”
    • Blanket bans on social media
    • Wide geographic exclusion zones without a reason
    • Overly broad pornography bans

If You Are Supervised by Both DOC and the ISRB

  • You will have:
    • Court-ordered conditions and
    • ISRB conditions
  • You must request modifications from both.
  • The ISRB cannot contradict the court but can add additional conditions.


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