Title 42, Chapter 8, Section 72
( 42-8-72)
(a) Community service may be considered as a condition of probation
with primary consideration given to the following categories of
offenders: (1) Traffic violations; (2) Ordinance violations; (3) Noninjurious or nondestructive, nonviolent misdemeanors; (4) Noninjurious or nondestructive, nonviolent felonies; and (5) Other offenders considered upon the discretion of the judge. (b) The judge may confer with the prosecutor, defense attorney,
probation supervisor, community service officer, or other interested
persons to determine if the community service program is appropriate
for an offender. If community service is ordered as a condition of
probation, the court shall order: (1) Not less than 20 hours nor more than 250 hours in cases
involving traffic or ordinance violations or misdemeanors, said
service to be completed within one year; or (2) Not less than 20 hours nor more than 500 hours in felony
cases, said service to be completed within three years. (c)(1) Any agency may recommend to the court that certain disabled
persons are in need of a live-in attendant. The judge shall
confer with the prosecutor, defense attorney, probation
supervisor, community service officer, or other interested persons
to determine if a community service program involving a disabled
person is appropriate for an offender. If community service as a
live-in attendant for a disabled person is deemed appropriate and
if both the offender and the disabled person consent to such
service, the court may order such live-in community service as a
condition of probation but for no longer than two years. (2) The agency shall be responsible for coordinating the
provisions of the cost of food or other necessities for the
offender which the disabled person is not able to provide. The
agency, with the approval of the court, shall determine a schedule
which will provide the offender with certain free hours each week. (3) Such live-in arrangement shall be terminated by the court upon
the request of the offender or the disabled person. Upon
termination of such an arrangement, the court shall determine if
the offender has met the conditions of probation. (4) The appropriate agency shall make personal contact with the
disabled person on a frequent basis to ensure the safety and
welfare of the disabled person. (d) The judge may order an offender to perform community service
hours in a 40 hour per week work detail in lieu of incarceration. (e) Community service hours may be added to original court ordered
hours as a disciplinary action by the court or as an additional
requirement of any program in lieu of incarceration. |