| § 18.2-251 |
NARCOTIC NEWS
Drug Law in Virginia 18.2-251
Drug Law in Virginia 18.2-251
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
Persons charged with first offense may be placed on probation; conditions;
substance abuse screening, assessment treatment and education
programs or services; drug tests; costs and fees; violations; discharge.
substance abuse screening, assessment treatment and education
programs or services; drug tests; costs and fees; violations; discharge.
Whenever any person who has not previously been convicted of any offense
under this article or under any statute of the United States or of any state
relating to narcotic drugs, marijuana, or stimulant, depressant, or
hallucinogenic drugs, or has not previously had a proceeding against him for
violation of such an offense dismissed as provided in this section, pleads guilty
to or enters a plea of not guilty to possession of a controlled substance under §
18.2-250 or to possession of marijuana under § 18.2-250.1, the court, upon
such plea if the facts found by the court would justify a finding of guilt, without
entering a judgment of guilt and with the consent of the accused, may defer
further proceedings and place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to undergo a
substance abuse assessment pursuant to § 18.2-251.01 or § 19.2-299.2, as
appropriate, and enter treatment and/or education program or services, if
available, such as, in the opinion of the court, may be best suited to the needs
of the accused based upon consideration of the substance abuse
assessment. The program or services may be located in the judicial district in
which the charge is brought or in any other judicial district as the court may
provide. The services shall be provided by (i) a program licensed by the
Department of Mental Health, Mental Retardation and Substance Abuse
Services, by a similar program which is made available through the
Department of Corrections, (ii) a local community-based probation services
agency established pursuant to § 9.1-174, or (iii) an ASAP program certified by
the Commission on VASAP.
The court shall require the person entering such program under the provisions
of this section to pay all or part of the costs of the program, including the costs
of the screening, assessment, testing, and treatment, based upon the
accused's ability to pay unless the person is determined by the court to be
indigent.
As a condition of probation, the court shall require the accused (i) to
successfully complete treatment or education program or services, (ii) to
remain drug and alcohol free during the period of probation and submit to such
tests during that period as may be necessary and appropriate to determine if
the accused is drug and alcohol free, (iii) to make reasonable efforts to secure
and maintain employment, and (iv) to comply with a plan of at least 100 hours
of community service for a felony and up to 24 hours of community service for a
misdemeanor. Such testing shall be conducted by personnel of the
supervising probation agency or personnel of any program or agency approved
by the supervising probation agency.
The court shall, unless done at arrest, order the accused to report to the
original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt
and proceed as otherwise provided. Upon fulfillment of the terms and
conditions, the court shall discharge the person and dismiss the proceedings
against him. Discharge and dismissal under this section shall be without
adjudication of guilt and is a conviction only for the purposes of applying this
section in subsequent proceedings.
Notwithstanding any other provision of this section, whenever a court places an
individual on probation upon terms and conditions pursuant to this section,
such action shall be treated as a conviction for purposes of §§ 18.2-259.1,
22.1-315 and 46.2-390.1, and the driver's license forfeiture provisions of those
sections shall be imposed. The provisions of this paragraph shall not be
applicable to any offense for which a juvenile has had his license suspended
or denied pursuant to § 16.1-278.9 for the same offense.
(Code 1950, § 54-524.101:3; 1972, c. 798; 1975, cc. 14, 15; 1976, c. 181; 1979,
c. 435; 1983, c. 513; 1991, c. 482; 1992, cc. 58, 833; 1993, c. 410; 1997, c. 380;
1998, cc. 688, 783, 840; 2000, cc. 1020, 1041; 2001, cc. 430, 450, 827; 2007, c.
133.)
under this article or under any statute of the United States or of any state
relating to narcotic drugs, marijuana, or stimulant, depressant, or
hallucinogenic drugs, or has not previously had a proceeding against him for
violation of such an offense dismissed as provided in this section, pleads guilty
to or enters a plea of not guilty to possession of a controlled substance under §
18.2-250 or to possession of marijuana under § 18.2-250.1, the court, upon
such plea if the facts found by the court would justify a finding of guilt, without
entering a judgment of guilt and with the consent of the accused, may defer
further proceedings and place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to undergo a
substance abuse assessment pursuant to § 18.2-251.01 or § 19.2-299.2, as
appropriate, and enter treatment and/or education program or services, if
available, such as, in the opinion of the court, may be best suited to the needs
of the accused based upon consideration of the substance abuse
assessment. The program or services may be located in the judicial district in
which the charge is brought or in any other judicial district as the court may
provide. The services shall be provided by (i) a program licensed by the
Department of Mental Health, Mental Retardation and Substance Abuse
Services, by a similar program which is made available through the
Department of Corrections, (ii) a local community-based probation services
agency established pursuant to § 9.1-174, or (iii) an ASAP program certified by
the Commission on VASAP.
The court shall require the person entering such program under the provisions
of this section to pay all or part of the costs of the program, including the costs
of the screening, assessment, testing, and treatment, based upon the
accused's ability to pay unless the person is determined by the court to be
indigent.
As a condition of probation, the court shall require the accused (i) to
successfully complete treatment or education program or services, (ii) to
remain drug and alcohol free during the period of probation and submit to such
tests during that period as may be necessary and appropriate to determine if
the accused is drug and alcohol free, (iii) to make reasonable efforts to secure
and maintain employment, and (iv) to comply with a plan of at least 100 hours
of community service for a felony and up to 24 hours of community service for a
misdemeanor. Such testing shall be conducted by personnel of the
supervising probation agency or personnel of any program or agency approved
by the supervising probation agency.
The court shall, unless done at arrest, order the accused to report to the
original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt
and proceed as otherwise provided. Upon fulfillment of the terms and
conditions, the court shall discharge the person and dismiss the proceedings
against him. Discharge and dismissal under this section shall be without
adjudication of guilt and is a conviction only for the purposes of applying this
section in subsequent proceedings.
Notwithstanding any other provision of this section, whenever a court places an
individual on probation upon terms and conditions pursuant to this section,
such action shall be treated as a conviction for purposes of §§ 18.2-259.1,
22.1-315 and 46.2-390.1, and the driver's license forfeiture provisions of those
sections shall be imposed. The provisions of this paragraph shall not be
applicable to any offense for which a juvenile has had his license suspended
or denied pursuant to § 16.1-278.9 for the same offense.
(Code 1950, § 54-524.101:3; 1972, c. 798; 1975, cc. 14, 15; 1976, c. 181; 1979,
c. 435; 1983, c. 513; 1991, c. 482; 1992, cc. 58, 833; 1993, c. 410; 1997, c. 380;
1998, cc. 688, 783, 840; 2000, cc. 1020, 1041; 2001, cc. 430, 450, 827; 2007, c.
133.)