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 Minnesota, judges have the discretion to order defendants to perform court-ordered community service as part of an alternative sentence, which can include probation, pretrial diversion, or deferred adjudication. This is often used as a rehabilitative measure and to provide a benefit to the community. The specifics of the community service, such as the type of work to be performed and the number of hours, are typically tailored to the individual case and the nature of the offense. For federal court cases in Minnesota, community service can also be imposed as a special condition of probation or supervised release. The probation officer may suggest community service in the presentence report, and the court will determine the appropriate number of hours and time frame for completion. The community service ordered may be directly related to the offense, such as requiring a defendant convicted of a DWI to engage in activities that promote awareness about the consequences of impaired driving.