Wash. Rev. Code » Title 72 · Chapter 72.09

Wash. Rev. Code § 72.09.310

Community custody violator

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An inmate in community custody who willfully discontinues making himself or herself available to the department for supervision by making his or her whereabouts unknown or by failing to maintain contact with the department as directed by the community corrections officer shall be deemed an escapee and fugitive from justice, and upon conviction shall be guilty of a class C felony under chapter 9A.20 RCW.
[ 1992 c 75 s 6; 1988 c 153 s 6.]

Notes:

Effective date—Application of increased sanctions—1988 c 153: See notes following RCW 9.94A.030.
Notes of Decisions
Cited in 21 cases (7 in the last 5 years), 2004–2025 · leading case: State of Washington v. Zachary P. Bergstrom
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State of Washington v. Zachary P. Bergstrom (2020) washctapp · cites it 2× “310 provides in relevant part: An inmate in community custody who willfully discontinues making himself or herself available to the department for supervision by making his or her whereabouts unknown or by failing to maintain contact with the department as directed by the…”
State of Washington v. Chad Dray Olson (2025) washctapp · cites it 3× “5 RCW 72.09.310. No. 395171-III State v. Olson conviction.”
State v. Aguilar (2009) washctapp “RCW 72.09.310. |17 A person acts with intent or intentionally when he or she acts with the objective or purpose to accomplish a result that constitutes a crime.”
State v. Rizor (2004) washctapp · cites it 8× “The State charged the respondents here with escape from community custody under RCW 72.09.310. Claiming they were not inmates under the statute, each moved to dismiss.”
State v. Buck (2024) wash “Additionally, an offender who absconds from community custody would face a potential prison sentence for Escape from Community Custody under RCW 72.09.310, a class C felony. The dissent writes that “if the trial court does not find grounds for an exceptional sentence, a person…”
State v. Rizor (2004) washctapp · cites it 8× “The State charged the respondents here with escape from community custody under RCW 72.09.310. Claiming they were not inmates under the statute, each moved to dismiss.”
State of Washington v. Tylor Thomas Buttolph (2017) washctapp · cites it 10× “” RCW 72.09.310. Mr. Buttolph argues the trial court erred when it refused his proposed jury instruction, which equated willfulness with purpose, and instead gave an instruction equating willfulness with knowledge.”
State of Washington v. Brendan Reidy Taylor (2018) washctapp “RCW 72.09.310 (emphasis added). Taylor provided the trial court with a signed statement in which he admitted to the prohibited conduct.”
State v. Aguilar (2009) washctapp “RCW 72.09.310. ¶ 17 A person acts with intent or intentionally when he or she acts with the objective or purpose to accomplish a result which constitutes a crime.”
State of Washington v. Terry Lee Baker (2016) washctapp “] (14) If the present conviction is for Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score.”
State of Washington v. Jason Lee Strandberg Biggs (2023) washctapp · cites it 7× “Biggs with escape from community custody in violation of RCW 72.09.310. On August 13, 2020, the trial court entered a finding of probable cause for the charge and issued a bench warrant for Mr.”
State of Washington v. Yan Gennadyevich Yefremov (2017) washctapp · cites it 4× “He also argues he received ineffective assistance of counsel because defense counsel did not object when the community corrections officer (CCO) testified that he had absconded from community custody in the past.”
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