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 South Dakota, 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 specifics of the community service, including the type of work, the number of hours, and the timeframe for completion, are typically tailored to the individual case and the nature of the offense. For instance, someone convicted of a DWI offense in South Dakota might be ordered to perform community service that is directly related to the prevention of drunk driving, such as working with organizations like Mothers Against Drunk Driving (MADD) or engaging in public education efforts. Similarly, at the federal level, community service can be imposed as a special condition of probation or supervised release. The recommendation for community service is often included in the probation officer's presentence report, which the court considers when determining an appropriate sentence. The court will set the requirements for community service, including the number of hours and the completion timeframe, which is usually within a year.