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 Michigan, judges have the discretion to order defendants to perform court-ordered community service as part of an alternative sentence such as probation, pretrial diversion, or deferred adjudication in state court criminal prosecutions. This is often used as a rehabilitative measure and to provide a benefit to the community. The specific requirements, such as the number of hours and the timeframe for completion, are determined by the court and tailored to the individual case. In federal courts, community service can be imposed as a special condition of probation or supervised release. The recommendation for community service may be included in the probation officer's presentence report, which the court considers when determining an appropriate sentence. The type of community service ordered can be related to the nature of the offense, such as requiring individuals convicted of DWI to engage in activities that promote awareness about the consequences of impaired driving.