Highly Effective Criminal Defense, Real Estate And Estate Planning
Attorney Bryan E. Cameron

Community service: When can the state offer it?

On Behalf of | Aug 17, 2021 | blog, Criminal defense

Residents of Sayville and nearby areas of New York may want to learn more about community service as an alternative to jail time. Its design is to promote a lifestyle that is free of crime and constructive for offenders. It also provides a means of safe and effective service to the community.

According to New York State, there are certain circumstances that will determine whether someone is suitable for community service. They are the following conditions:

Who is eligible?

Any offender convicted of a violation, misdemeanor or Class D or E Felonies is eligible. It also applies to a Youthful Offender finding. It replaces any such conviction where the person gets a sentence of either probation or conditional discharge after their criminal defense.

It also applies to a graffiti offense. Participation in a graffiti removal program, where it is appropriate, will also be a condition of probation or conditional discharge.

Offenders who are eligible receive identification through the following:

  • probation
  • defense or prosecution referral
  • court referral
  • direct court order
  • outreach efforts by the community service program

Criminal history review

There are exclusions. Those with past or present convictions for a sex offense will be excluded from this type of sentencing. Criminal records will receive review and consideration.

Considerations for age

Offenders must be over the age of 16 years. A 16 or 17-year old must do the service according to labor laws. No one who is a minor may perform certain community services.

The participant, legal guardian or parent must agree to the service. Hours and days and the nature of the work and any probation fees will be documented.

Where is it offered?

Community service may include places such as cemeteries, graves or burial sites as well as other places. Specific organizations may also be involved with the community service program.