| § 18.2-254 |
NARCOTIC NEWS
Drug Law in Virginia 18.2-254
Drug Law in Virginia 18.2-254
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Commitment of convicted person for treatment for substance abuse.
A. 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, stimulant, depressant, or hallucinogenic
drugs or has not previously had a proceeding against him for violation of such
an offense dismissed as provided in § 18.2-251 is found guilty of violating any
law concerning the use, in any manner, of drugs, controlled substances,
narcotics, marijuana, noxious chemical substances, and like substances, the
judge or court shall require such person 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. The
cost of such testing ordered by the court shall be paid by the Commonwealth
and taxed as a part of the costs of the criminal proceedings. The judge or court
shall also order the person 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 or 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.
B. The court trying the case of any person alleged to have committed any
offense designated by this article or by the Drug Control Act (§ 54.1-3400 et
seq.) or in any other criminal case in which the commission of the offense was
motivated by or closely related to the use of drugs and determined by the court,
pursuant to a substance abuse screening and assessment, to be in need of
treatment for the use of drugs may commit, based upon a consideration of the
substance abuse assessment, such person, upon his conviction, to any facility
for the treatment of persons with substance abuse, licensed by the Department
of Mental Health, Mental Retardation and Substance Abuse Services, if space
is available in such facility, for a period of time not in excess of the maximum
term of imprisonment specified as the penalty for conviction of such offense or,
if sentence was determined by a jury, not in excess of the term of imprisonment
as set by such jury. Confinement under such commitment shall be, in all
regards, treated as confinement in a penal institution and the person so
committed may be convicted of escape if he leaves the place of commitment
without authority. A charge of escape may be prosecuted in either the
jurisdiction where the treatment facility is located or the jurisdiction where the
person was sentenced to commitment. The court may revoke such
commitment at any time and transfer the person to an appropriate state or local
correctional facility. Upon presentation of a certified statement from the director
of the treatment facility to the effect that the confined person has successfully
responded to treatment, the court may release such confined person prior to
the termination of the period of time for which such person was confined and
may suspend the remainder of the term upon such conditions as the court may
prescribe.
C. The court trying a case in which commission of the offense was related to
the defendant's habitual abuse of alcohol and in which the court determines,
pursuant to a substance abuse screening and assessment, that such
defendant is in need of treatment, may commit, based upon a consideration of
the substance abuse assessment, such person, upon his conviction, to any
facility for the treatment of persons with substance abuse licensed by the
Department of Mental Health, Mental Retardation and Substance Abuse
Services, if space is available in such facility, for a period of time not in excess
of the maximum term of imprisonment specified as the penalty for conviction.
Confinement under such commitment shall be, in all regards, treated as
confinement in a penal institution and the person so committed may be
convicted of escape if he leaves the place of commitment without authority. The
court may revoke such commitment at any time and transfer the person to an
appropriate state or local correctional facility. Upon presentation of a certified
statement from the director of the treatment facility to the effect that the confined
person has successfully responded to treatment, the court may release such
confined person prior to the termination of the period of time for which such
person was confined and may suspend the remainder of the term upon such
conditions as the court may prescribe.
(Code 1950, § 54-524.102; 1972, c. 758; 1974, c. 447; 1975, cc. 14, 15; 1978, c.
640; 1979, cc. 413, 435; 1992, c. 852; 1998, c. 724; 2000, cc. 1020, 1041; 2004,
c. 130; 2005, c. 716; 2007, c. 133.)
under this article or under any statute of the United States or of any state
relating to narcotic drugs, marijuana, stimulant, depressant, or hallucinogenic
drugs or has not previously had a proceeding against him for violation of such
an offense dismissed as provided in § 18.2-251 is found guilty of violating any
law concerning the use, in any manner, of drugs, controlled substances,
narcotics, marijuana, noxious chemical substances, and like substances, the
judge or court shall require such person 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. The
cost of such testing ordered by the court shall be paid by the Commonwealth
and taxed as a part of the costs of the criminal proceedings. The judge or court
shall also order the person 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 or 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.
B. The court trying the case of any person alleged to have committed any
offense designated by this article or by the Drug Control Act (§ 54.1-3400 et
seq.) or in any other criminal case in which the commission of the offense was
motivated by or closely related to the use of drugs and determined by the court,
pursuant to a substance abuse screening and assessment, to be in need of
treatment for the use of drugs may commit, based upon a consideration of the
substance abuse assessment, such person, upon his conviction, to any facility
for the treatment of persons with substance abuse, licensed by the Department
of Mental Health, Mental Retardation and Substance Abuse Services, if space
is available in such facility, for a period of time not in excess of the maximum
term of imprisonment specified as the penalty for conviction of such offense or,
if sentence was determined by a jury, not in excess of the term of imprisonment
as set by such jury. Confinement under such commitment shall be, in all
regards, treated as confinement in a penal institution and the person so
committed may be convicted of escape if he leaves the place of commitment
without authority. A charge of escape may be prosecuted in either the
jurisdiction where the treatment facility is located or the jurisdiction where the
person was sentenced to commitment. The court may revoke such
commitment at any time and transfer the person to an appropriate state or local
correctional facility. Upon presentation of a certified statement from the director
of the treatment facility to the effect that the confined person has successfully
responded to treatment, the court may release such confined person prior to
the termination of the period of time for which such person was confined and
may suspend the remainder of the term upon such conditions as the court may
prescribe.
C. The court trying a case in which commission of the offense was related to
the defendant's habitual abuse of alcohol and in which the court determines,
pursuant to a substance abuse screening and assessment, that such
defendant is in need of treatment, may commit, based upon a consideration of
the substance abuse assessment, such person, upon his conviction, to any
facility for the treatment of persons with substance abuse licensed by the
Department of Mental Health, Mental Retardation and Substance Abuse
Services, if space is available in such facility, for a period of time not in excess
of the maximum term of imprisonment specified as the penalty for conviction.
Confinement under such commitment shall be, in all regards, treated as
confinement in a penal institution and the person so committed may be
convicted of escape if he leaves the place of commitment without authority. The
court may revoke such commitment at any time and transfer the person to an
appropriate state or local correctional facility. Upon presentation of a certified
statement from the director of the treatment facility to the effect that the confined
person has successfully responded to treatment, the court may release such
confined person prior to the termination of the period of time for which such
person was confined and may suspend the remainder of the term upon such
conditions as the court may prescribe.
(Code 1950, § 54-524.102; 1972, c. 758; 1974, c. 447; 1975, cc. 14, 15; 1978, c.
640; 1979, cc. 413, 435; 1992, c. 852; 1998, c. 724; 2000, cc. 1020, 1041; 2004,
c. 130; 2005, c. 716; 2007, c. 133.)