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 Rhode Island, judges in state court criminal prosecutions have the authority 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 purpose of community service is to provide a restorative justice element to the sentencing, allowing the defendant to contribute positively to the community as part of their rehabilitation process. The specific requirements, such as the number of hours and the timeframe for completion, are determined by the court and are typically tailored to the individual case and the nature of the offense. For federal courts, community service acts as a special condition of probation or supervised release rather than a standalone sentence. The probation officer's presentence report may suggest community service as a condition, and the court will decide whether to implement this recommendation. The type of community service ordered may be related to the offense, such as a defendant convicted of a DWI being required to work with organizations like MADD or engage in educational activities about the risks of impaired driving.