New York Drug Law Reform
Instead of a jail sentence, a New York judge can sometimes sentence a convicted offender to perform a certain number of hours of community service.
This statute governs community service sentences:
New York State Penal Law Section 65.10(2)(h)
● Authorizes imposition of a community service condition to consenting defendants convicted of a violation, misdemeanor, or Class D or E Felonies, or any Youthful Offender finding, 3 replacing any such conviction where such individuals are sentenced to either probation or conditional discharge.
● Establishes that community service may include services for the maintenance and repair of real or personal property maintained as a cemetery plot, grave, burial-place, or other places of interment of human remains.
● Establishes that community service shall be for a public or not-for-profit corporation, association, institution, or agency, including but not limited to services for the Office of Alcohol and Substance Abuse Services or in an appropriate community program for removal of graffiti from public or private property, including property damaged in the underlying offense.
● Performance of community service shall not result in displacement of employed workers, impairment of existing contracts, nor shall such services be required or permitted in any establishment involved in any labor strike or lockout.
● Recognizes that a court may establish provisions for early termination of a sentence of probation or conditional discharge, pursuant to the provisions of Section 410.90(3) of the Criminal Procedure Law, after community service has been completed.
● Although not expressly enumerated, any Criminal Court, Local Conditional Release Commission, or Board of Parole, whichever is applicable, may impose community service as a condition of an Adjournment in Contemplation of Dismissal in cases involving marihuana, local conditional release, parole, or state conditional release.
The maximum permissible hours of community service for a given offense are as follows:
D felony – 500 hours
E felony – 400 hours
A misdemeanor – 200 hours
B misdemeanor and unclassified misdemeanor – 100 hours
Violation – 70 hours
Keep in mind that community service sentences are not permitted for felonies more serious than a “D” felony.
Nassau County Community Service Program
400 County Seat Drive
Mineola, NY 11501
(516) 571-5651 FAX (516) 571-5611
Suffolk County Community Service Program
(Operated through the Red Cross)
Building #16, County Center North
Veterans Memorial Highway
Hauppauge, NY 11788
(631) 853-5185 FAX (631) 853-6111
Laws are changed frequently, so don’t assume that information contained in this article is up to date and still applicable. Also be aware that nothing contained here should be seen as legal advice, so consult with your own attorney about your particular situation.
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