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 York State, judges have the discretion to order defendants in criminal prosecutions 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 be rehabilitative or restorative in nature, potentially related to the offense committed. For instance, someone convicted of a DWI offense may be required to engage in community service that educates others about the risks of impaired driving. In the federal court system, community service can be imposed as a special condition of probation or supervised release. The recommendation for community service is typically included in the probation officer's presentence report, which the court considers when determining an appropriate sentence. The court will specify the number of hours of community service required, often ranging from 100 to 500 hours, and set a time frame for completion, usually not exceeding one year.