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 New Jersey, 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 specific terms of the community service, such as the type of work to be performed, the number of hours, and the timeframe for completion, are determined by the court. The community service ordered may be directly related to the nature of the offense, aiming to provide an educational or restorative experience for the defendant. For instance, individuals convicted of DWI offenses may be required to engage in activities that raise awareness about the consequences of impaired driving. At the federal level, community service is similarly used as a special condition of probation or supervised release, with recommendations for such conditions often included in the probation officer's presentence report. The court then decides whether to incorporate community service into the offender's sentence, specifying the requirements that must be fulfilled within a set period.