In a state court criminal prosecution, the judge may order a defendant to perform court-ordered community service—often in conjunction with an alternative sentence such as probation, pretrial diversion, or deferred adjudication.

Similarly, in the federal courts, community service is not a sentence, but a special condition of probation or supervised release. The probation officer’s presentence report—which the court relies on in choosing a fair sentence—may recommend that the court require community service. The court usually requires that the offender complete a specified number of hours of community service (usually from 100 to 500) within a given time frame (usually not to exceed one year).

Court-ordered community service may be related to the underlying criminal offense. For example, a defendant charged with driving while intoxicated (DWI) may be ordered to complete court-ordered community service by volunteering with Mothers Against Drunk Driving (MADD) or giving speeches to young adults on the dangers of drinking and driving.

In Delaware, judges in state court criminal prosecutions have the discretion to order defendants to perform court-ordered community service. This can be part of an alternative sentence such as probation, pretrial diversion, or deferred adjudication. The community service is often tailored to be related to the nature of the offense, with the aim of providing a rehabilitative experience to the offender and benefiting the community. For instance, a defendant convicted of a DWI offense may be required to engage in activities that raise awareness about the dangers of impaired driving. In the federal court system, community service is similarly used as a special condition of probation or supervised release rather than a standalone sentence. The probation officer's presentence report may suggest community service as part of the sentencing, and the court will specify the number of hours and the time frame for completion. The goal is to impose a sentence that is just and promotes the defendant's reintegration into society while also serving as a deterrent to future criminal conduct.