2006 Code of Virginia § 18.2-254 - Commitment of convicted person for treatment for substance abuse

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 programlicensed by the Department of Mental Health, Mental Retardation and SubstanceAbuse Services or 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 12 months or less, by a similar program availablethrough a local or regional jail, a community-based corrections programestablished pursuant to 9.1-174, or an ASAP program certified by theCommission 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 Mental Health, Mental Retardation and Substance Abuse Services,if space is available in such facility, for a period of time not in excess ofthe maximum term of imprisonment specified as the penalty for conviction ofsuch offense or, if sentence was determined by a jury, not in excess of theterm of imprisonment as set by such jury. Confinement under such commitmentshall be, in all regards, treated as confinement in a penal institution andthe person so committed may be convicted of escape if he leaves the place ofcommitment without authority. A charge of escape may be prosecuted in eitherthe jurisdiction 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 Mental Health, Mental Retardation and Substance Abuse Services, if spaceis available in such facility, for a period of time not in excess of themaximum term of imprisonment specified as the penalty for conviction.Confinement under such commitment shall be, in all regards, treated asconfinement in a penal institution and the person so committed may beconvicted of escape if he leaves the place of commitment without authority.The court may revoke such commitment at any time and transfer the person toan appropriate state or local correctional facility. Upon presentation of acertified statement from the director of the treatment facility to the effectthat the confined person has successfully responded to treatment, the courtmay release such confined person prior to the termination of the period oftime for which such person was confined and may suspend the remainder of theterm upon such conditions as 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.)