Definition Of Court Ordered Community Service Hours
The definition of community service hours is outlined in the Florida Statutes at 120.69(1). It states that "Community service" is defined as labor furnished without pay by a person under a sentence or supervision of the court or other governmental agency as part of a sanction imposed by the court or other governmental agency or as a condition of pretrial or posttrial release, and such term includes work of a type that may be performed by the defendant for a law enforcement agency, governmental agency, or nonprofit organization.
The State of Florida uses community service hours as a tool to punish and rehabilitate offenders . This provides our Courts with an additional form of punishment other than fines and/or incarceration. The Court will order a certain number of community service hours based on a number of factors. The factors are listed under Statute 921.0016. The factors consist of: the extent to which the offense was committed in front of minors, the extreme degree of risk to the public, and if the offender abused a position of trust. In summary, the purpose of community service hours is to punish and rehabilitate offenders by performing acts for good in our community.
General Purpose And Benefits Of Community Service
Those who are sentenced to community service hours may wonder just what is the purpose behind serving those hours. Are the hours intended to punish you and should you look at them as just that? While those who are sentenced to community service hours often have a negative opinion of having to do them, there is actually a little more behind the purpose of the hours than meets the eye.
In short, the courts and community service programs do not want to see those assigned community service hours do pointless and meaningless labor. Instead, it is the expressed intention that the community service worker receive a rehabilitation opportunity while also benefiting the community with their time and effort.
So what kind of "rehabilitation" can those sentenced to community service possibly receive by doing manual labor? Well, one of the biggest benefits in the eyes of the court is human interaction instead of isolation. Many of those sentenced to community service hours have been sentenced to jail time for their crimes. Once released from those terms, the offender has not only been removed from society while incarcerated, but they have also had little or no human contact outside those bars. So when the offender is given hours to serve, he or she has the opportunity to reconnect with others outside their cell walls.
The benefit of this is that the offender continues to socialize with others and it is a critical part of rehabilitation to be allowed to work under supervision and in social situations. For many offenders, it is a little of the outside world before they are released from their supervised probation term. While many offenders may only socialize with family, others have lost touch with most people during their time behind bars and having that chance to reconnect can be very critical. For many, social reintegration is a very important part of recovery and rehabilitation from drug or alcohol dependency.
Next, many community service programs are set up to provide service to those in need. While some programs may be focused on litter cleanup or perhaps painting over graffiti in an area, other community service programs are specifically set up to provide needed services to those battling issues such as homelessness. While many offenders come into the program without any resources, many leave the program with housing, clothing and other necessities by the time they finish their community service hours, and in some cases they have even found employment through organizations that help those in need with such services. The more positive steps that can be taken by the offender during their time in the community service program, the better off they are likely to be in the future.
So if you are sentenced to community service hours, dont look at it as just another punishment. Look at it as an opportunity to give of yourself and do some good for others…and while helping others you may just help yourself too.
Legal Procedure Of Community Service
Legal Process for Assigning Community Service as a Sentence
Depending on the circumstances of the case, court-ordered community service is sometimes offered as a replacement for imprisonment. Rather than being sentenced to serve jail-time, convicted offenders might be allowed to satisfy their punishment by completing a certain number of hours of community service-generally at an approved charitable or non-profit organization. Community service requirements can be imposed by the criminal court in a wide range of cases. For some defendants, community service might be ordered even when jail-time is a possible punishment. Although most commonly used to address misdemeanor offenses, community service can also be ordered as punishment for felonies. In fact, Colorado law is quite specific regarding when community service should be considered as a possible alternative to incarceration-even for felony crimes. In some instances, parole requirements include additional community service hours. In general, individuals placed on parole are expected to perform community service in every month during which they are not engaged in a full-time job. When deciding whether to recommend, or impose, a sentence of community service, judges consider many factors. Some of the most important factors include: If assigned to a defendant, community service is typically performed on an unpaid basis. While criminal courts can impose restrictions on where community service hours can be spent, the types of work that can be done are often limited only by the policies followed by the organization for which the community service is being completed. Common crimes that might result in the imposition of community service hours include: Although community service is sometimes an appropriate sanction for any of these offenses, a range of aggravating and mitigating factors must also be considered before a judge decides to allow parolee community service requirements or to agree to a plea deal that includes this type of punishment.
Community Service Activity Types
As defined, community service is volunteer work administered by the court as a result of a court ruling. Even though the name suggests it is something of a charitable nature, that is not always the case. The offender must perform a task, and some of the items below should be done with that in mind:
Working at a thrift store.
Beautifying and landscaping the local parks.
Cleaning and sterilizing local classrooms.
Restoration (i.e., volunteering to help on a home restoration project, for example).
In many circumstances, the court may issue guidelines for the community service hours that the offender must fulfill. A judge may allow an opportunity for some sentences to be converted to hours at a rate of $10/hour, instead of being physically completed by offenders themselves. In some cases, this could result in thousands of dollars in fines.
While the judge does not have to stipulate the conditions of the program, doing so can offer a way to ensure the offender is performing the appropriate community service. Otherwise, judges may delegate such determinations to other authorities, such as the county in which the offender resides.
Community service is a relatively new method of imposing punishment. Even so, it is increasing in significance for those who are convicted of various offenses. As time has gone on, communities have begun to expand the areas of community service. In addition, the roles and events that are accepting community service volunteers have become more diverse.
Some examples would include local hospitals that are looking for people to volunteer their time in ward cleaning, babysitting, refurbishing buildings, schools and churches, as well as special events put on in the area. Many people not required to perform community service hours are frequently using the same outlets to give back to the community.
Community Service Hour Tracking And Reporting
If deemed appropriate by the court, an individual can be ordered to complete community service hours in lieu of a specific form of punishment such as a monetary fine or incarceration. As with many other facets of the legal system, the accumulation and reporting of the ordered hours are strictly regimented and documented.
The methods for tracking community service are pretty much universal statewide. The Defendant is provided with a list of organizations organized by types of community service and projects that need volunteers. The list is often provided by the Probation Department or other public-affiliated organization. Once the list is reviewed and the individual chooses a project, then the organization is contacted directly by the Defendant or their family member. After showing ID at the site upon arrival, the Defendants are signed in to show their participation in the program . Working together with the organization volunteers, Defendants go to work on the project for the designated number of hours. If the sign-in-sheets were not completed correctly, then the hours worked must be re-done. Upon completion of the assigned hours, a copy of the community service form or hours completed is provided to the Probation Department. Depending on the agreement between the organization and the Probation Department, the original copy is manufactured for the legal files of the organization. As soon as the hours are processed, verification of completion of the community service is forwarded to the original sentencing court in question.
Community service can be an arduous process but a good way to show the court that a Defendant is willing to take their punishment and give back to the community.
Consequences Of Not Completing Community Service
Failure to complete community service hours can result in a host of legal penalties. For example, an individual may now be violating his or her probation conditions, leading to a potential probation violation hearing in which the sitting Judge will determine if the individual violated the terms and will decide what the consequences will be. This includes potential jail time, fines or additional probation time. A failure to complete court ordered community service hours may also result in the individual being cited with a violation of Probation. If an individual is sentenced under Penal Code 1000 a Judge may revoke the diversion program, impose a fine, or extend the program for up to an additional 6 months. The penalty for failing to complete community service in a Traffic and Driving Offense Diversion Program is a $100 fine. An individual charged with excessive points under Vehicle Code 42009 bad may have his or her driving privileges revoked.
Legal Aid And Appeals
In the case that the community service sentence is not appealing to you for any reason, it is necessary to contact a lawyer. If you have committed a crime and the community service sentence is an option before jail time, you can ask the court for a modification if you have a valid excuse to avoid the community service hours. In order to qualify for a modification of the judge’s order, you need to show the court that you would suffer undue hardship if you had to complete the number of hours as ordered by the judge . When you are appealing your community service sentence, you are asking the higher court to review the sentencing that was given to you. This is done when your rights have been violated or the punishment does not line up with the crime in question. There is a statue of limitations for appeals, so it is necessary to contact a lawyer immediately regarding the appeal process.