18.2-251.01 - Substance abuse screening and assessment for felony convictions. - Virginia Statutes

§ 18.2-251.01. Substance abuse screening and assessment for felonyconvictions.

A. When a person is convicted of a felony, not a capital offense, committedon or after January 1, 2000, he shall be required to undergo a substanceabuse screening and, if the screening indicates a substance abuse ordependence problem, an assessment by a certified substance abuse counselor asdefined in § 54.1-3500 employed by the Department of Corrections or by anagency employee under the supervision of such counselor. If the person isdetermined to have a substance abuse problem, the court shall require him toenter treatment and/or education program or services, if available, which, inthe opinion of the court, is best suited to the needs of the person. Theprogram or services may be located in the judicial district in which theconviction was had or in any other judicial district as the court mayprovide. The treatment and/or education program or services shall be licensedby the Department of Behavioral Health and Developmental Services or shall bea similar program or services which are made available through the Departmentof Corrections if the court imposes a sentence of one year or more or, if thecourt imposes a sentence of 12 months or less, by a similar program orservices available through a local or regional jail, a local community-basedprobation services agency established pursuant to § 9.1-174, or an ASAPprogram certified by the Commission on VASAP. The services agency or programmay require the person entering such program or services under the provisionsof this section to pay a fee for the education and treatment component, orboth, based upon the defendant's ability to pay.

B. As a condition of any suspended sentence and probation, the court shallorder the person to undergo periodic testing and treatment for substanceabuse, if available, as the court deems appropriate based upon considerationof the substance abuse assessment.

(1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 1020, 1041; 2007, c. 133;2009, cc. 813, 840.)