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 Hawaii, 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 designed to reflect the nature of the offense and provide a benefit to the community or serve as a form of restitution. For example, someone convicted of a DUI offense might be required to engage in community service that educates others about the dangers of drunk driving. In the federal court system, community service can be imposed as a special condition of probation or supervised release. 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 tailor the community service to both the rehabilitation of the offender and the interests of justice and community welfare.