Community Service

Published for NC Criminal Law on July 19, 2018.

Today’s post covers some of the details of community service as a criminal punishment in North Carolina. The state constitution lists community service as an authorized punishment in North Carolina. N.C. Const. Art XI, sec. 1. It is, generally, work performed for the benefit of the local community, without pay, as a condition of probation. Don’t confuse community service with “community punishment” under Structured Sentencing. Not every community punishment (G.S. 15A-1340.11(2)) includes community service, and community service is permissible as part of an intermediate punishment (G.S. 15A-1340.11(6)) or a sentence imposed under G.S. 20-179, too. North Carolina’s community service program is described in G.S. 143B-708. The program falls administratively under the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and covers all defendants ordered to perform community service as part of a sentence to supervised or unsupervised probation. The program is managed locally by DACJJ employees called judicial services coordinators. The program provides appropriate work site placement for defendants sentenced to perform service hours. Recipient agencies vary from district to district, but they typically include things like roadside trash pickup; work at local nonprofits like food pantries and animal shelters; work for religious organizations (so long as the work benefits the community as a whole and does not advance a particular religion); and work in and around government buildings. Program policy (p. 423) prohibits a defendant from, among other things, making donations in lieu of performing service hours, performing hours at his or her place of [...]