What Types of Community Service Can a Judge Order?

Community service is one of many sentencing options judges have when someone is convinced of a crime. The goal of ordering community service—unpaid work performed in the community—is to rehabilitate the person convicted of a crime while also benefiting the community. Judges can order community service in addition to or instead of other forms of punishment, such as jail or prison, fines, or probation.

Judges have broad discretion to decide whether and what kind of community service to order. As long as the sentence is reasonably related to the offense and the offender and isn't unduly harsh, many different community service options are available.

Who Gets Community Service?

Judges tend to order community services in less serious cases, such as misdemeanors and non-violent felonies committed. Community service is typically not a sentencing option for people who are convicted of violent crimes who could be a danger to the community.

According to a 2019 study by the Center for Court Innovation (CCI), the people who are most likely to be considered for community service are:

• first-time offenders
• young people
• people who are working or in school, and
• people with strong community ties.

Community Service Sentences

Community service can be ordered in several ways. Most often, community service is ordered as a condition of probation. The person on probation is ordered to complete a certain number of hours of service within a specified amount of time or risk a probation revocation.

A judge might also order community service as part of a diversion program or as an alternative to paying fines in cases involving indigent defendants.

Types of Community Service Work

The types of work that qualify for court-ordered community service vary from state to state and even from county to county. According to CCI, options typically include:

• manual labor (road cleanup, gardening, construction, janitorial work)
• public or social service (working with unhoused people or in animal shelters)
• service industry work (soup kitchens, senior centers), and
• administrative work for public agencies.

Judges often sentence offenders to a specific number of hours of community service without specificying the exact type of work required. In other cases, judges craft a community service sentences that fits the crime. For example, in some cases, a person convicted of drunk driving may be ordered to work on behalf of Mothers Against Drunk Driving (MAAD).

Examples of Community Service Sentences

In 2019, federal prosecutors charged around 60 people in a college admissions fraud case known as "Operation Varsity Blues." Wealthy parents, including many celebrities, were convicted of bribing coaches and rigging SAT and ACT scores to get their children into elite colleges. Many of the parents were ordered to complete community service as part of their sentence, including:

• Felicity Huffman (250 hours)
• Lori Laughlin and (100 hours), and
• John Wilson (400 hours).

What Happens If You Don't Complete Your Community Service Hours?

If you fail to complete court-ordered community service as part of a criminal sentence, the consequences can be severe. You'll typically have a chance to tell the judge why you haven't completed the hours. If you have a good reason, the judge might give you more time. If you don't, potential penalties include:

• revocation of probation
• being held in contempt of court
• converting probation from informal (unsupervised) to formal (supervised)
• additional fines
• additional hours of community service, and
• jail or prison time.

Talk to an Attorney

If you've been charged with or convicted of a crime, talk to a lawyer. An experienced private criminal defense attorney or public defender can explain whether community service is an option in your case and protect your rights.