18.2-254 - Commitment of convicted person for treatment for substance abuse. - Virginia Statutes

§ 18.2-254. Commitment of convicted person for treatment for substance abuse.

A. Whenever any person who has not previously been convicted of any offenseunder this article or under any statute of the United States or of any staterelating to narcotic drugs, marijuana, stimulant, depressant, orhallucinogenic drugs or has not previously had a proceeding against him forviolation of such an offense dismissed as provided in § 18.2-251 is foundguilty of violating any law concerning the use, in any manner, of drugs,controlled substances, narcotics, marijuana, noxious chemical substances, andlike substances, the judge or court shall require such person to undergo asubstance abuse screening pursuant to § 18.2-251.01 and to submit to suchperiodic substance abuse testing, to include alcohol testing, as may bedirected by the court. The cost of such testing ordered by the court shall bepaid by the Commonwealth and taxed as a part of the costs of the criminalproceedings. The judge or court shall also order the person 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 or 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.

B. The court trying the case of any person alleged to have committed anyoffense designated by this article or by the Drug Control Act (§ 54.1-3400 etseq.) or in any other criminal case in which the commission of the offensewas motivated by or closely related to the use of drugs and determined by thecourt, pursuant to a substance abuse screening and assessment, to be in needof treatment for the use of drugs may commit, based upon a consideration ofthe substance abuse assessment, such person, upon his conviction, to anyfacility for the treatment of persons with substance abuse, licensed by theDepartment of Behavioral Health and Developmental Services, if space isavailable in such facility, for a period of time not in excess of the maximumterm of imprisonment specified as the penalty for conviction of such offenseor, if sentence was determined by a jury, not in excess of the term ofimprisonment as set by such jury. Confinement under such commitment shall be,in all regards, treated as confinement in a penal institution and the personso committed may be convicted of escape if he leaves the place of commitmentwithout authority. A charge of escape may be prosecuted in either thejurisdiction where the treatment facility is located or the jurisdictionwhere the person was sentenced to commitment. The court may revoke suchcommitment at any time and transfer the person to an appropriate state orlocal correctional facility. Upon presentation of a certified statement fromthe director of the treatment facility to the effect that the confined personhas successfully responded to treatment, the court may release such confinedperson prior to the termination of the period of time for which such personwas confined and may suspend the remainder of the term upon such conditionsas the court may prescribe.

C. The court trying a case in which commission of the offense was related tothe defendant's habitual abuse of alcohol and in which the court determines,pursuant to a substance abuse screening and assessment, that such defendantis in need of treatment, may commit, based upon a consideration of thesubstance abuse assessment, such person, upon his conviction, to any facilityfor the treatment of persons with substance abuse licensed by the Departmentof Behavioral Health and Developmental Services, if space is available insuch facility, for a period of time not in excess of the maximum term ofimprisonment specified as the penalty for conviction. Confinement under suchcommitment shall be, in all regards, treated as confinement in a penalinstitution and the person so committed may be convicted of escape if heleaves the place of commitment without authority. The court may revoke suchcommitment at any time and transfer the person to an appropriate state orlocal correctional facility. Upon presentation of a certified statement fromthe director of the treatment facility to the effect that the confined personhas successfully responded to treatment, the court may release such confinedperson prior to the termination of the period of time for which such personwas confined and may suspend the remainder of the term upon such conditionsas 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; 2009, cc. 813, 840.)