Q: I am in community custody for 36 months but my statutory maximum has passed. According to RCW 9.94A.701 I should be off

A: To properly address this question, it's important to understand the specific details of your situation and the relevant Washington state laws. Here's a general overview that may be helpful:

1. Community custody and statutory maximum:

- Community custody is a form of supervision after release from prison in Washington state.

- The statutory maximum refers to the maximum sentence allowed by law for a particular offense.

2. RCW 9.94A.701:

- This statute outlines the terms of community custody for various offenses in Washington.

- It states that community custody shall not extend beyond the statutory maximum sentence for the crime.

3. Potential considerations:

- The exact date your statutory maximum passed

- The specific offense you were convicted of

- Any modifications to your sentence or supervision terms

4. Next steps:

- Review your judgment and sentence documents

- Consult with your Community Corrections Officer (CCO)

- Consider seeking legal advice from a criminal defense attorney familiar with Washington state law

It's important to note that while the law generally states community custody should not extend beyond the statutory maximum, there may be specific circumstances or exceptions that apply to your case.

To get a definitive answer, you should:

1. Gather all relevant documents related to your conviction and sentence.

2. Discuss your situation with your CCO.

3. If necessary, consult with a criminal defense attorney who can review your case in detail.

They can help determine if you are indeed eligible to be released from community custody and guide you through the proper legal channels if action is needed.