BILL REQ. #:  S-4584.1 

READ FIRST TIME 01/28/08.   

     AN ACT Relating to court discretion to order community custody; and amending RCW 9.94A.545.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 9.94A.545 and 2006 c 128 s 4 are each amended to read as follows:
     (((1))) Except as otherwise provided in ((RCW 9.94A.650 and in subsection (2) of this section, on all sentences of confinement for one year or less, in which the offender is convicted of a sex offense, a violent offense, a crime against a person under RCW 9.94A.411, or felony violation of chapter 69.50 or 69.52 RCW or an attempt, conspiracy, or solicitation to commit such a crime)) this chapter, when a court sentences an offender to the custody of the department or to a term of confinement for one year or less, the court may impose up to one year of community custody, subject to conditions and sanctions as authorized in RCW 9.94A.715 and 9.94A.720. An offender shall be on community custody as of the date of sentencing. However, during the time for which the offender is in total or partial confinement pursuant to the sentence or a violation of the sentence, the period of community custody shall toll.
     (((2) If the offender is guilty of failure to register under RCW 9A.44.130(10)(a), the court shall impose a term of community custody under RCW 9.94A.715.))