2006 Code of Virginia § 19.2-299.2 - Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor conviction...

19.2-299.2. Alcohol and substance abuse screening and assessment fordesignated Class 1 misdemeanor convictions.

A. When a person is convicted of any offense committed on or after January 1,2000, under Article 1 ( 18.2-247 et seq.) or Article 1.1 ( 18.2-265.1 etseq.) of Chapter 7 of Title 18.2, and such offense is punishable as a Class 1misdemeanor, the court shall order the person to undergo a substance abusescreening as part of the sentence if the defendant's sentence includesprobation supervision by a local community-based probation programestablished pursuant to Article 9 ( 9.1-173 et seq.) of Chapter 1 of Title9.1 or participation in a local alcohol safety action program. Whenever acourt requires a person to enter into and successfully complete an alcoholsafety action program pursuant to 18.2-271.1 for a second offense of thetype described therein, or orders an evaluation of a person to be conductedby an alcohol safety action program pursuant to any provision of 46.2-391,the alcohol safety action program shall assess such person's degree ofalcohol abuse before determining the appropriate level of treatment to beprovided or to be recommended for such person being evaluated pursuant to 46.2-391.

The court may order such screening upon conviction as part of the sentence ofany other Class 1 misdemeanor if the defendant's sentence includes probationsupervision by a local community-based probation program established pursuantto Article 9 ( 9.1-173 et seq.) of Chapter 1 of Title 9.1, participation ina local alcohol safety action program or any other sanction and the court hasreason to believe the defendant has a substance abuse or dependence problem.

B. A substance abuse screening ordered pursuant to this section shall beconducted by the local alcohol safety action program. When an offender isordered to enter programming under the local community-based probationprogram established pursuant to Article 9 ( 9.1-173 et seq.) of Chapter 1 ofTitle 9.1, rather than the local alcohol safety action program, the localcommunity-based probation program shall be responsible for the screening.However, if a local community-based probation program has not beenestablished for the locality, the local alcohol safety action program shallconduct the screening as part of the sentence.

C. If the screening indicates that the person has a substance abuse ordependence problem, an assessment shall be completed and if the assessmentconfirms that the person has a substance abuse or dependence problem, as acondition of a suspended sentence and probation, the court shall order theperson to complete the substance abuse education and intervention component,or both as appropriate, of the local alcohol safety action program or suchother treatment program, if available, such as in the opinion of the courtwould be best suited to the needs of the person. If the referral is to thelocal alcohol safety action program, the program may charge a fee for theeducation and intervention component, or both, not to exceed $300, based uponthe defendant's ability to pay.

(1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 958, 980, 1040.)

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