42-3-52. Community service or educational advancement as condition of probation.

Community service or educational advancement may be considered as a condition of probation or in lieu of court imposed financial obligations with primary consideration given to the following categories of offenders:#

1. (1)

   Traffic violations;#

2. (2)

   Ordinance violations;#

3. (3)

   Noninjurious or nondestructive, nonviolent misdemeanors;#

4. (4)

   Noninjurious or nondestructive, nonviolent felonies; and#

5. (5)

   Other offenders considered upon the discretion of the court.#

The court may confer with the prosecuting attorney, the offender or his or her attorney if the offender is represented by an attorney, a community supervision officer, a community service officer, or other interested persons to determine if community service or educational advancement is appropriate for an offender. A court order shall specify that the court has approved community service or educational assistance for an offender. If community service or educational advancement is ordered, the court shall order:#

1. (1)

   Not less than 20 hours nor more than 250 hours in cases involving traffic or ordinance violations or misdemeanors, such service to be completed within one year; or#

2. (2)

   Not less than 20 hours nor more than 500 hours in felony cases, such service to be completed within three years.#

The court may order an offender to perform community service hours in a 40 hour per week work detail in lieu of incarceration.#

Community service or educational advancement hours may be added to original court ordered hours as a disciplinary action by the court, as an additional requirement of any program in lieu of incarceration, or as part of the sentencing options system as set forth in Article 6 of this chapter.#