| § 18.2-252 |
NARCOTIC NEWS
Drug Law in Virginia 18.2-252
Drug Law in Virginia 18.2-252
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Suspended sentence conditioned upon substance abuse screening,
assessment, testing, and treatment or education.
assessment, testing, and treatment or education.
The trial judge or court trying the case of any person found guilty of violating any
law concerning the use, in any manner, of drugs, controlled substances,
narcotics, marijuana, noxious chemical substances and like substances, shall
condition any suspended sentence by first requiring such person to agree to
undergo a substance abuse screening pursuant to § 18.2-251.01 and to
submit to such periodic substance abuse testing, to include alcohol testing, as
may be directed by the court. Such testing shall be conducted by the
supervising probation agency or by personnel of any program or agency
approved by the supervising probation agency. The cost of such testing ordered
by the court shall be paid by the Commonwealth and taxed as a part of the
costs of such criminal proceedings. The judge or court shall order the person,
as a condition of any suspended sentence, to undergo such treatment or
education for substance abuse, if available, as the judge or court deems
appropriate based upon consideration of the substance abuse assessment.
The treatment or education shall be provided by a program or agency licensed
by the Department of Mental Health, Mental Retardation and Substance Abuse
Services, by a similar program or services 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.
(Code 1950, § 54-524.101:4; 1973, c. 473; 1975, cc. 14, 15; 1979, c. 435; 1998,
cc. 783, 840; 2000, cc. 1020, 1041; 2007, c. 133.)
law concerning the use, in any manner, of drugs, controlled substances,
narcotics, marijuana, noxious chemical substances and like substances, shall
condition any suspended sentence by first requiring such person to agree to
undergo a substance abuse screening pursuant to § 18.2-251.01 and to
submit to such periodic substance abuse testing, to include alcohol testing, as
may be directed by the court. Such testing shall be conducted by the
supervising probation agency or by personnel of any program or agency
approved by the supervising probation agency. The cost of such testing ordered
by the court shall be paid by the Commonwealth and taxed as a part of the
costs of such criminal proceedings. The judge or court shall order the person,
as a condition of any suspended sentence, to undergo such treatment or
education for substance abuse, if available, as the judge or court deems
appropriate based upon consideration of the substance abuse assessment.
The treatment or education shall be provided by a program or agency licensed
by the Department of Mental Health, Mental Retardation and Substance Abuse
Services, by a similar program or services 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.
(Code 1950, § 54-524.101:4; 1973, c. 473; 1975, cc. 14, 15; 1979, c. 435; 1998,
cc. 783, 840; 2000, cc. 1020, 1041; 2007, c. 133.)