2006 Code of Virginia § 18.2-251.01 - Substance abuse screening and assessment for felony convictions

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 a treatment and/or education program, if available, which, in theopinion of the court, is best suited to the needs of the person. This programmay be located in the judicial district in which the conviction was had or inany other judicial district as the court may provide. The treatment and/oreducation program shall be licensed by the Department of Mental Health,Mental Retardation and Substance Abuse Services or shall be a similar programwhich is made available through the Department of Corrections if the courtimposes a sentence of one year or more or, if the court imposes a sentence oftwelve months or less, by a similar program available through a local orregional jail, a community-based corrections program established pursuant to 9.1-174, or an ASAP program certified by the Commission on VASAP. Theprogram may require the person entering such program under the provisions ofthis section to pay a fee for the education and treatment component, or both,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.)