2006 Code of Virginia § 18.2-57.3 - Persons charged with first offense of assault and battery against a family or household member may ...

18.2-57.3. Persons charged with first offense of assault and batteryagainst a family or household member may be placed on probation; conditions;education and treatment programs; costs and fees; violations; discharge.

When a person who is no younger than 18 years of age or who is considered anadult at the time of the proceeding and who has not previously been convictedof any offense under this article or under any statute of the United Statesor of any state or any ordinance of any local government relating to assaultand battery against a family or household member or has not previously had aproceeding against him for violation of such an offense dismissed as providedin this section, pleads guilty to or enters a plea of not guilty to aviolation of 18.2-57.2, the court, upon such plea if the facts found by thecourt would justify a finding of guilt, without entering a judgment of guiltand with the consent of the accused, may defer further proceedings and placehim on probation upon terms and conditions.

As a term or condition, the court may, where assessment or evaluationservices are available, require the accused to be assessed or evaluated and,based on the results of the assessment or evaluation, require the accused toenter an education or treatment program indicated by the assessment orevaluation, if available. The court, when assessment or evaluation servicesare not available, may require education or treatment services such as, inthe opinion of the court, may be best suited to the needs of the accused.

The court shall require the person entering such education or treatmentprogram under the provisions of this section to pay all or part of the costsof the program, including the costs of any assessment, evaluation, testing,education and treatment, based upon the accused's ability to pay unless theperson is determined by the court to be indigent.

Following the finding of facts that would justify a finding of guilt, thecourt may order the defendant be placed in a local community-based probationprogram established pursuant to Article 9 ( 9.1-173 et seq.) of Chapter 1 ofTitle 9.1, if such program is available. As a condition of localcommunity-based probation, if available, the court shall require the accusedto successfully complete all treatment and/or education programs required bythe assessment or evaluation and to be of good behavior during the period ofsupervised probation and for a period of not less than two years followingthe completion of probation. The court shall order the defendant to be ofgood behavior for a period of not less than two years following the findingof facts that would justify a finding of guilt when no supervised probationis ordered.

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 of supervised probation or of theperiod of good behavior, the court may enter an adjudication of guilt andproceed as otherwise provided. Upon fulfillment of the terms and conditions,the court shall discharge the person and dismiss the proceedings against him.Discharge and dismissal under this section shall be without adjudication ofguilt and is a conviction only for the purposes of applying this section insubsequent proceedings. As such, no charges dismissed pursuant to thissection shall be eligible for expungement under 19.2-392.2.

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 18.2-308.

(1999, c. 963; 2000, c. 1040; 2003, cc. 33, 38; 2004, c. 377.)