§ 29.1-738.5. Participation in rehabilitation program.
A. Any person convicted of a violation of subsection B of § 29.1-738, or anyordinance of a county, city or town similar to the provisions thereof, or anysecond offense thereunder, shall, with leave of court or upon court order,enter into an alcohol safety action program certified by the Commission onthe Virginia Alcohol Safety Action Program (VASAP) in the judicial districtin which the charge is brought or in any other judicial district upon suchterms and conditions as the court may set forth. In the determination of theeligibility of such person to enter a program, the court shall consider hisprior record of participation in any other rehabilitation program.Suspension of the penalties imposed pursuant to § 29.1-738.4 shall beconditioned upon successful completion of such a program.
B. The court shall require the person entering such program under theprovisions of subsection A to pay a fee of no less than $250 but no more than$300. A reasonable portion of such fee, as may be determined by theCommission on VASAP, but not to exceed ten percent, shall be forwardedquarterly to be deposited with the State Treasurer for expenditure by theCommission on VASAP, and the balance shall be held in a separate fund forlocal administration of alcohol rehabilitation programs. Upon a finding thatthe defendant is indigent, the court may reduce or waive the fee. Inaddition to the costs of the proceeding, fees as may reasonably be requiredof defendants referred for extended treatment under such program may becharged.
C. Upon such conviction, the court shall impose the sentence authorized.Upon a finding that a person so convicted is eligible for participation in analcohol rehabilitation program, the court shall enter the conviction on thewarrant, and shall note that the person so convicted has been referred to aprogram. If the court finds that a person is not eligible for a program orsubsequently that the person has violated, without good cause, any of theconditions set forth by the court in entering the program, the court shalldispose of the case as if no program had been entered. Appeals from any suchdisposition shall be allowed as provided by law.
The court shall have jurisdiction over any person entering a program underthe provisions of this section until such time as the case has been disposedof by either successful completion of the program, or final imposition ofsentence upon ineligibility or violation of a condition imposed by the court,whichever occurs first.
D. The Commission on VASAP shall establish standards and criteria for theimplementation and operation of water safety alcohol rehabilitation programs.The Commission on VASAP shall also establish criteria for the modalities ofadministration of such programs, as well as public information, accountingprocedures and allocation of funds.
§ 29.1-738.5. Participation in rehabilitation program.
A. Any person convicted of a violation of subsection B of § 29.1-738, or anyordinance of a county, city or town similar to the provisions thereof, or anysecond offense thereunder, shall, with leave of court or upon court order,enter into an alcohol safety action program certified by the Commission onthe Virginia Alcohol Safety Action Program (VASAP) in the judicial districtin which the charge is brought or in any other judicial district upon suchterms and conditions as the court may set forth. In the determination of theeligibility of such person to enter a program, the court shall consider hisprior record of participation in any other rehabilitation program.Suspension of the penalties imposed pursuant to § 29.1-738.4 shall beconditioned upon successful completion of such a program.
B. The court shall require the person entering such program under theprovisions of subsection A to pay a fee of no less than $250 but no more than$300. A reasonable portion of such fee, as may be determined by theCommission on VASAP, but not to exceed ten percent, shall be forwardedquarterly to be deposited with the State Treasurer for expenditure by theCommission on VASAP, and the balance shall be held in a separate fund forlocal administration of alcohol rehabilitation programs. Upon a finding thatthe defendant is indigent, the court may reduce or waive the fee. Inaddition to the costs of the proceeding, fees as may reasonably be requiredof defendants referred for extended treatment under such program may becharged.
C. Upon such conviction, the court shall impose the sentence authorized.Upon a finding that a person so convicted is eligible for participation in analcohol rehabilitation program, the court shall enter the conviction on thewarrant, and shall note that the person so convicted has been referred to aprogram. If the court finds that a person is not eligible for a program orsubsequently that the person has violated, without good cause, any of theconditions set forth by the court in entering the program, the court shalldispose of the case as if no program had been entered. Appeals from any suchdisposition shall be allowed as provided by law.
The court shall have jurisdiction over any person entering a program underthe provisions of this section until such time as the case has been disposedof by either successful completion of the program, or final imposition ofsentence upon ineligibility or violation of a condition imposed by the court,whichever occurs first.
D. The Commission on VASAP shall establish standards and criteria for theimplementation and operation of water safety alcohol rehabilitation programs.The Commission on VASAP shall also establish criteria for the modalities ofadministration of such programs, as well as public information, accountingprocedures and allocation of funds.
§ 29.1-738.5. Participation in rehabilitation program.
A. Any person convicted of a violation of subsection B of § 29.1-738, or anyordinance of a county, city or town similar to the provisions thereof, or anysecond offense thereunder, shall, with leave of court or upon court order,enter into an alcohol safety action program certified by the Commission onthe Virginia Alcohol Safety Action Program (VASAP) in the judicial districtin which the charge is brought or in any other judicial district upon suchterms and conditions as the court may set forth. In the determination of theeligibility of such person to enter a program, the court shall consider hisprior record of participation in any other rehabilitation program.Suspension of the penalties imposed pursuant to § 29.1-738.4 shall beconditioned upon successful completion of such a program.
B. The court shall require the person entering such program under theprovisions of subsection A to pay a fee of no less than $250 but no more than$300. A reasonable portion of such fee, as may be determined by theCommission on VASAP, but not to exceed ten percent, shall be forwardedquarterly to be deposited with the State Treasurer for expenditure by theCommission on VASAP, and the balance shall be held in a separate fund forlocal administration of alcohol rehabilitation programs. Upon a finding thatthe defendant is indigent, the court may reduce or waive the fee. Inaddition to the costs of the proceeding, fees as may reasonably be requiredof defendants referred for extended treatment under such program may becharged.
C. Upon such conviction, the court shall impose the sentence authorized.Upon a finding that a person so convicted is eligible for participation in analcohol rehabilitation program, the court shall enter the conviction on thewarrant, and shall note that the person so convicted has been referred to aprogram. If the court finds that a person is not eligible for a program orsubsequently that the person has violated, without good cause, any of theconditions set forth by the court in entering the program, the court shalldispose of the case as if no program had been entered. Appeals from any suchdisposition shall be allowed as provided by law.
The court shall have jurisdiction over any person entering a program underthe provisions of this section until such time as the case has been disposedof by either successful completion of the program, or final imposition ofsentence upon ineligibility or violation of a condition imposed by the court,whichever occurs first.
D. The Commission on VASAP shall establish standards and criteria for theimplementation and operation of water safety alcohol rehabilitation programs.The Commission on VASAP shall also establish criteria for the modalities ofadministration of such programs, as well as public information, accountingprocedures and allocation of funds.
