2006 Code of Virginia § 18.2-251 - Persons charged with first offense may be placed on probation; conditions; screening, assessment an...

18.2-251. Persons charged with first offense may be placed on probation;conditions; screening, assessment and education programs; drug tests; costsand fees; violations; discharge.

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, or stimulant, depressant, orhallucinogenic drugs, or has not previously had a proceeding against him forviolation of such an offense dismissed as provided in this section, pleadsguilty to or enters a plea of not guilty to possession of a controlledsubstance under 18.2-250 or to possession of marijuana under 18.2-250.1,the court, upon such plea if the facts found by the court would justify afinding of guilt, without entering a judgment of guilt and with the consentof the accused, may defer further proceedings and place him on probation uponterms and conditions.

As a term or condition, the court shall require the accused to undergo asubstance abuse assessment pursuant to 18.2-251.01 or 19.2-299.2, asappropriate, and enter a treatment and/or education program, if available,such as, in the opinion of the court, may be best suited to the needs of theaccused based upon consideration of the substance abuse assessment. Thisprogram may be located in the judicial district in which the charge isbrought or in any other judicial district as the court may provide. Theservices shall be provided by (i) a program licensed by the Department ofMental Health, Mental Retardation and Substance Abuse Services, by a similarprogram which is made available through the Department of Corrections, (ii) acommunity-based corrections program established pursuant to 9.1-174, or(iii) an ASAP program certified by the Commission on VASAP.

The court shall require the person entering such program under the provisionsof this section to pay all or part of the costs of the program, including thecosts of the screening, assessment, testing, and treatment, based upon theaccused's ability to pay unless the person is determined by the court to beindigent.

As a condition of probation, the court shall require the accused (i) tosuccessfully complete the treatment or education program, (ii) to remain drugand alcohol free during the period of probation and submit to such testsduring that period as may be necessary and appropriate to determine if theaccused is drug and alcohol free, (iii) to make reasonable efforts to secureand maintain employment, and (iv) to comply with a plan of at least 100 hoursof community service for a felony and up to twenty-four hours of communityservice for a misdemeanor. Such testing shall be conducted by personnel ofthe supervising probation agency or personnel of any program or agencyapproved by the supervising probation agency.

The court shall, unless done at arrest, order the accused to report to theoriginal arresting law-enforcement agency to submit to fingerprinting.

Upon violation of a term or condition, the court may enter an adjudication ofguilt and proceed as otherwise provided. Upon fulfillment of the terms andconditions, the court shall discharge the person and dismiss the proceedingsagainst him. Discharge and dismissal under this section shall be withoutadjudication of guilt and is a conviction only for the purposes of applyingthis section in subsequent proceedings.

Notwithstanding any other provision of this section, whenever a court placesan individual on probation upon terms and conditions pursuant to thissection, such action shall be treated as a conviction for purposes of 18.2-259.1, 22.1-315 and 46.2-390.1, and the driver's license forfeitureprovisions of those sections shall be imposed. The provisions of thisparagraph shall not be applicable to any offense for which a juvenile has hadhis license suspended or denied pursuant to 16.1-278.9 for the same offense.

(Code 1950, 54-524.101:3; 1972, c. 798; 1975, cc. 14, 15; 1976, c. 181;1979, c. 435; 1983, c. 513; 1991, c. 482; 1992, cc. 58, 833; 1993, c. 410;1997, c. 380; 1998, cc. 688, 783, 840; 2000, cc. 1020, 1041; 2001, cc. 430,450, 827.)