§ 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, or when a person is convicted for a second offense of petitlarceny, 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 services agencyestablished 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 services agency establishedpursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1,participation in a local alcohol safety action program or any other sanctionand the court has reason to believe the defendant has a substance abuse ordependence 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 local community-based probation services establishedpursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, ratherthan the local alcohol safety action program, the local community-basedprobation services agency shall be responsible for the screening. However, ifa local community-based probation services agency has not been establishedfor the locality, the local alcohol safety action program shall conduct thescreening 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 agency providing treatment programs or services, if available, such asin the opinion of the court would be best suited to the needs of the person.If the referral is to the local alcohol safety action program, the programmay charge a fee for the education and intervention component, or both, notto exceed $300, based upon the defendant's ability to pay.
(1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 958, 980, 1040; 2007, c.133; 2008, c. 762.)
§ 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, or when a person is convicted for a second offense of petitlarceny, 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 services agencyestablished 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 services agency establishedpursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1,participation in a local alcohol safety action program or any other sanctionand the court has reason to believe the defendant has a substance abuse ordependence 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 local community-based probation services establishedpursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, ratherthan the local alcohol safety action program, the local community-basedprobation services agency shall be responsible for the screening. However, ifa local community-based probation services agency has not been establishedfor the locality, the local alcohol safety action program shall conduct thescreening 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 agency providing treatment programs or services, if available, such asin the opinion of the court would be best suited to the needs of the person.If the referral is to the local alcohol safety action program, the programmay charge a fee for the education and intervention component, or both, notto exceed $300, based upon the defendant's ability to pay.
(1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 958, 980, 1040; 2007, c.133; 2008, c. 762.)
§ 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, or when a person is convicted for a second offense of petitlarceny, 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 services agencyestablished 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 services agency establishedpursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1,participation in a local alcohol safety action program or any other sanctionand the court has reason to believe the defendant has a substance abuse ordependence 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 local community-based probation services establishedpursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, ratherthan the local alcohol safety action program, the local community-basedprobation services agency shall be responsible for the screening. However, ifa local community-based probation services agency has not been establishedfor the locality, the local alcohol safety action program shall conduct thescreening 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 agency providing treatment programs or services, if available, such asin the opinion of the court would be best suited to the needs of the person.If the referral is to the local alcohol safety action program, the programmay charge a fee for the education and intervention component, or both, notto exceed $300, based upon the defendant's ability to pay.
(1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 958, 980, 1040; 2007, c.133; 2008, c. 762.)
