Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 137.128

Community service as part of sentence; effect of failure to perform community service

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      137.128 Community service as part of sentence; effect of failure to perform community service. (1) A judge may sentence an offender to community service either as an alternative to incarceration or fine or probation, or as a condition of probation. Prior to such order of community service the offender must consent to donate labor for the welfare of the public. The court or its delegate may select community service tasks that are within the offender’s capabilities and are to be performed within a reasonable length of time during hours the offender is not working or attending school.

      (2) Failure to perform a community service sentence may be grounds for revocation of probation or contempt of court. [1981 c.551 §§3,5]

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 1984–2025 · leading case: State v. Hunt
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State v. Hunt (2020) orctapp “See ORS 137.128(1) (“A judge may sentence an offender to community service either as an alternative to incarceration or fine or probation, or as a condition of probation.”
State v. Trice (1997) orctapp “The available dispositions for a child found to be within the jurisdiction of the juvenile court for committing an act that, if committed by an adult, would be a crime, include wardship of the court, diversion, probation, restitution, detention, fines, and community service or…”
State v. Langford (2013) orctapp “ORS 137.128(1) (“A judge may sentence an offender to community service either as an alternative to incarceration or fine or probation, or as a condition of probation.”
State v. Walton (2007) orctapp “Further, ORS 137.128 provides, in part: “(1) A judge may sentence an offender to community service either as an alternative to incarceration or fine or probation, or as a condition of probation.”
State v. Uppiano (2021) orctapp “Defendant argues that the court abused its discretion in placing him on probation rather than impos- ing a sentence of discharge, and alternatively that the court erred in imposing the above-described special conditions of probation. The state concedes that the court plainly…”
State v. Hansen (2024) orctapp “The trial court sentenced defendant to 18 months of bench probation and ordered her to perform 36 hours of community service.”
State v. Zamarripa Cruz (2025) orctapp · cites it 4× “In his sole assignment of error, defendant argues that the trial court plainly erred by imposing that condition because he never consented to donate his labor for the public welfare as required by ORS 137.128(1), which provides that “[a] judge may sentence an offender to…”
Thorne v. Gay (1988) orctapp “ORS 137.128 authorizes community service as an alternative to incarceration, a fine or probation, but not as an alternative to restitution.”
State v. Everitt (2012) orctapp “ORS 137.128(1) provides, in part: “A judge may sentence an offender to community service either as an alternative to incarceration or fine or probation, or as a condition of probation.”
State v. Zamarripa Cruz (2025) orctapp · cites it 4× “In his sole assignment of error, defendant argues that the trial court plainly erred by imposing that condition because he never consented to donate his labor for the public welfare as required by ORS 137.128(1), which provides that “[a] judge may sentence an offender to…”
State v. Ritner (1984) orctapp “Inasmuch as community service and restitution may always be imposed as conditions of probation, see ORS 137.128(1) and 137.540(1)(k), the position taken by the dissent has the effect of turning the mandatory minimums into mandatory máximums.”
— Or. Rev. Stat. § 137.128(1) — 8 cases
State v. Hunt (2020) orctapp “See ORS 137.128(1) (“A judge may sentence an offender to community service either as an alternative to incarceration or fine or probation, or as a condition of probation.”
State v. Langford (2013) orctapp “ORS 137.128(1) (“A judge may sentence an offender to community service either as an alternative to incarceration or fine or probation, or as a condition of probation.”
State v. Uppiano (2021) orctapp “Defendant argues that the court abused its discretion in placing him on probation rather than impos- ing a sentence of discharge, and alternatively that the court erred in imposing the above-described special conditions of probation. The state concedes that the court plainly…”
State v. Hansen (2024) orctapp “The trial court sentenced defendant to 18 months of bench probation and ordered her to perform 36 hours of community service.”
State v. Zamarripa Cruz (2025) orctapp “In his sole assignment of error, defendant argues that the trial court plainly erred by imposing that condition because he never consented to donate his labor for the public welfare as required by ORS 137.128(1), which provides that “[a] judge may sentence an offender to…”
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