2006 Code of Virginia § 18.2-252 - Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment o...

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 programlicensed by the Department of Mental Health, Mental Retardation and SubstanceAbuse Services, by a similar program available through the Department ofCorrections if the court imposes a sentence of one year or more or, if thecourt imposes a sentence of twelve months or less, by a similar programavailable through a local or regional jail, a community-based correctionsprogram established pursuant to 9.1-174, or an ASAP program certified bythe 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.)