Wash. Rev. Code » Title 9 · Chapter 9.94A
Revised Code of Washington

Wash. Rev. Code § 9.94A.702 (2026)

✓ current as of May 2026
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(1) If an offender is sentenced to a term of confinement for one year or less for one of the following offenses, the court may impose up to one year of community custody:
(a) A sex offense;
(b) A violent offense;
(c) A crime against a person under RCW 9.94A.411;
(d) A felony violation of chapter 69.50 or 69.52 RCW, or an attempt, conspiracy, or solicitation to commit such a crime; or
(e) A felony violation of RCW 9A.44.132(1) (failure to register).
(2) If an offender is sentenced to a first-time offender waiver, the court may impose community custody as provided in RCW 9.94A.650.
[ 2010 c 267 s 12; 2008 c 231 s 8.]

Notes:

Application—2010 c 267: See note following RCW 9A.44.128.
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 2011–2025 · leading case: State v. Franklin, 263 P.3d 585 (Wash. 2011).
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State v. Franklin, 263 P.3d 585 (Wash. 2011). · cites it 3× “701 or RCW 9.94A.702] or section 3 of this act [allowing DOC to supervise offenders sentenced to probation], shall be transferred to community custody in lieu of earned release time.”
State v. Bruch, 346 P.3d 724 (Wash. 2015). · cites it 2× “701 and RCW 9.94A.702 — not *865 RCW 9.94A.729 — govern the trial court’s imposition of community custody at the time of sentencing.”
State Of Washington, V. Matthew Benjamin Labounty, 487 P.3d 221 (Wash. Ct. App. 2021). “701 and RCW 9.94A.702 [addressing community custody for sentences less than one year] – not RCW 9.”
State v. Soto, 309 P.3d 596 (Wash. Ct. App. 2013). “505(2)(b), which provides: If a standard sentence range has not been established for the offender’s crime, the court shall impose a determinate sentence which may include not more than one year of confinement; community restitution work; a term of community custody under RCW…”
In the Matter of the Postsentence Review of: Alex Eduardo Rodriguez (Wash. Ct. App. 2022). · cites it 7× “ANALYSIS At issue in this case is how to interpret the interplay of two statutes addressing community custody: RCW 9.94A.702, which is a general community custody statute applicable to individuals sentenced to one year or less of confinement; and 2 No.”
State Of Washington v. Alejandro Cardenas, Jr. (Wash. Ct. App. 2021). · cites it 4× “Finally, we grant the parties’ request to amend Cardenas’s community custody term to comply with RCW 9.94A.702. FACTS On February 27, 2016, Alberto Alonso was attacked by two men in a 7-11 parking lot in Monroe, Washington.”
State Of Washington v. David M. Gardner (Wash. Ct. App. 2020). · cites it 3× “52646-8-II / 52653-1-II RCW 9.94A.702(1) limits the trial court’s authority to impose community custody.”
Post Sentence Petition Of: Keenen Charles Pearson (Wash. Ct. App. 2019). · cites it 2× “115(2), is a sex offense eligible for up to 12 months of community custody.”
Post-sentence Petition Of Radu Ioana (Wash. Ct. App. 2021). · cites it 2× “And because RCW 9.94A.702(1) grants the superior court discretion to decide the term of community custody, if any, the superior court must conduct a resentencing hearing in order to exercise its discretion.”
State of Washington v. Rigoberto Ivan Vazquez (Wash. Ct. App. 2017). “Instead, the sentencing range is set forth by RCW 9.94A.702, which generally recommends a determinate sentence of no more than one-year confinement.”
In Re The Post Sentence Review Of: Marcus Church (Wash. Ct. App. 2019). “DOC asserts that attempted failure to register as a sex offender is not a sex offense for which community custody can be imposed under RCW 9.94A.702(1). In Postsentence Review of Thompson, we held that DOC is correct and that attempted failure to register as a sex offender does…”
State Of Washington v. Trey Kinard Aka Matthew Aaron (Wash. Ct. App. 2019). “030(55)(viii) classified second-degree assault as a violent offense.”
Show all 18 citing cases →
— Wash. Rev. Code § 9.94A.702(1) — 4 cases
State Of Washington v. David M. Gardner (Wash. Ct. App. 2020). “52646-8-II / 52653-1-II RCW 9.94A.702(1) limits the trial court’s authority to impose community custody.”
In the Matter of the Postsentence Review of: Alex Eduardo Rodriguez (Wash. Ct. App. 2022). “ANALYSIS At issue in this case is how to interpret the interplay of two statutes addressing community custody: RCW 9.94A.702, which is a general community custody statute applicable to individuals sentenced to one year or less of confinement; and 2 No.”
In Re The Post Sentence Review Of: Marcus Church (Wash. Ct. App. 2019). “DOC asserts that attempted failure to register as a sex offender is not a sex offense for which community custody can be imposed under RCW 9.94A.702(1). In Postsentence Review of Thompson, we held that DOC is correct and that attempted failure to register as a sex offender does…”
Post-sentence Petition Of Radu Ioana (Wash. Ct. App. 2021). “And because RCW 9.94A.702(1) grants the superior court discretion to decide the term of community custody, if any, the superior court must conduct a resentencing hearing in order to exercise its discretion.”
— Wash. Rev. Code § 9.94A.702(1)(a) — 2 cases
State of Washington v. Gerald Scott Complita (Wash. Ct. App. 2019).
Post Sentence Petition Of: Keenen Charles Pearson (Wash. Ct. App. 2019). “115(2), is a sex offense eligible for up to 12 months of community custody.”
— Wash. Rev. Code § 9.94A.702(1)(b) — 2 cases
State Of Washington v. Trey Kinard Aka Matthew Aaron (Wash. Ct. App. 2019). “030(55)(viii) classified second-degree assault as a violent offense.”
State Of Washington v. Alejandro Cardenas, Jr. (Wash. Ct. App. 2021). “Finally, we grant the parties’ request to amend Cardenas’s community custody term to comply with RCW 9.94A.702. FACTS On February 27, 2016, Alberto Alonso was attacked by two men in a 7-11 parking lot in Monroe, Washington.”
— Wash. Rev. Code § 9.94A.702(1)(c) — 3 cases
In the Matter of the Postsentence Review of: Alex Eduardo Rodriguez (Wash. Ct. App. 2022). “ANALYSIS At issue in this case is how to interpret the interplay of two statutes addressing community custody: RCW 9.94A.702, which is a general community custody statute applicable to individuals sentenced to one year or less of confinement; and 2 No.”
State of Washington v. Peter John Arendas (Wash. Ct. App. 2019).
Post-sentence Petition Of Radu Ioana (Wash. Ct. App. 2021). “And because RCW 9.94A.702(1) grants the superior court discretion to decide the term of community custody, if any, the superior court must conduct a resentencing hearing in order to exercise its discretion.”
— Wash. Rev. Code § 9.94A.702(1)(d) — 1 case
State of Washington v. Johnnie Lloyd Traub (Wash. Ct. App. 2013).
— Wash. Rev. Code § 9.94A.702(10)(c) — 1 case
Pers. Restraint Petition Of: Peter Daniel Ansell (Wash. Ct. App. 2022).
— Wash. Rev. Code § 9.94A.702(2) — 1 case
In the Matter of the Postsentence Review of: Alex Eduardo Rodriguez (Wash. Ct. App. 2022). “ANALYSIS At issue in this case is how to interpret the interplay of two statutes addressing community custody: RCW 9.94A.702, which is a general community custody statute applicable to individuals sentenced to one year or less of confinement; and 2 No.”
— Wash. Rev. Code § 9.94A.702(c) — 1 case
State Of Washington, V. Vincent E. Huff, Jr. (Wash. Ct. App. 2025).
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