18.2-252 - Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education. - Virginia Statutes

§ 18.2-252. Suspended sentence conditioned upon substance abuse screening,assessment, testing, and treatment or education.

The trial judge or court trying the case of any person found guilty ofviolating any law concerning the use, in any manner, of drugs, controlledsubstances, narcotics, marijuana, noxious chemical substances and likesubstances, shall condition any suspended sentence by first requiring suchperson to agree to undergo a substance abuse screening pursuant to §18.2-251.01 and to submit to such periodic substance abuse testing, toinclude alcohol testing, as may be directed by the court. Such testing shallbe conducted by the supervising probation agency or by personnel of anyprogram or agency approved by the supervising probation agency. The cost ofsuch testing ordered by the court shall be paid by the Commonwealth and taxedas a part of the costs of such criminal proceedings. The judge or court shallorder the person, as a condition of any suspended sentence, to undergo suchtreatment or education for substance abuse, if available, as the judge orcourt deems appropriate based upon consideration of the substance abuseassessment. The treatment or education shall be provided by a program oragency licensed by the Department of Behavioral Health and DevelopmentalServices, by a similar program or services 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.

(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; 2009, cc. 813, 840.)