| § 18.2-251.01 |
NARCOTIC NEWS
Drug Law in Virginia 18.2-251.01
Drug Law in Virginia 18.2-251.01
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Substance abuse screening and assessment for felony convictions.
A. When a person is convicted of a felony, not a capital offense, committed on
or after January 1, 2000, he shall be required to undergo a substance abuse
screening and, if the screening indicates a substance abuse or dependence
problem, an assessment by a certified substance abuse counselor as defined
in § 54.1-3500 employed by the Department of Corrections or by an agency
employee under the supervision of such counselor. If the person is determined
to have a substance abuse problem, the court shall require him to enter
treatment and/or education program or services, if available, which, in the
opinion of the court, is best suited to the needs of the person. The program or
services may be located in the judicial district in which the conviction was had
or in any other judicial district as the court may provide. The treatment and/or
education program or services shall be licensed by the Department of Mental
Health, Mental Retardation and Substance Abuse Services or shall be a similar
program or services which are made available through the Department of
Corrections if the court imposes a sentence of one year or more or, if the court
imposes a sentence of 12 months or less, by a similar program or services
available through a local or regional jail, a local community-based probation
services agency established pursuant to § 9.1-174, or an ASAP program
certified by the Commission on VASAP. The services agency or program may
require the person entering such program or services under the provisions of
this section to pay a fee for the education and treatment component, or both,
based upon the defendant's ability to pay.
B. As a condition of any suspended sentence and probation, the court shall
order the person to undergo periodic testing and treatment for substance
abuse, if available, as the court deems appropriate based upon consideration
of the substance abuse assessment.
(1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 1020, 1041; 2007, c. 133.)
or after January 1, 2000, he shall be required to undergo a substance abuse
screening and, if the screening indicates a substance abuse or dependence
problem, an assessment by a certified substance abuse counselor as defined
in § 54.1-3500 employed by the Department of Corrections or by an agency
employee under the supervision of such counselor. If the person is determined
to have a substance abuse problem, the court shall require him to enter
treatment and/or education program or services, if available, which, in the
opinion of the court, is best suited to the needs of the person. The program or
services may be located in the judicial district in which the conviction was had
or in any other judicial district as the court may provide. The treatment and/or
education program or services shall be licensed by the Department of Mental
Health, Mental Retardation and Substance Abuse Services or shall be a similar
program or services which are made available through the Department of
Corrections if the court imposes a sentence of one year or more or, if the court
imposes a sentence of 12 months or less, by a similar program or services
available through a local or regional jail, a local community-based probation
services agency established pursuant to § 9.1-174, or an ASAP program
certified by the Commission on VASAP. The services agency or program may
require the person entering such program or services under the provisions of
this section to pay a fee for the education and treatment component, or both,
based upon the defendant's ability to pay.
B. As a condition of any suspended sentence and probation, the court shall
order the person to undergo periodic testing and treatment for substance
abuse, if available, as the court deems appropriate based upon consideration
of the substance abuse assessment.
(1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 1020, 1041; 2007, c. 133.)