{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-254.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-254.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-254.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-254.1.html"}],"law_id":56553,"edition_id":1,"section_id":56553,"structure_id":13207,"section_number":"18.2-254.1","catch_line":"Recovery Court Act","history":"2004, c. 1004; 2005, cc. 519, 602; 2006, cc. 175, 341; 2007, c. 133; 2009, cc. 205, 281, 294, 813, 840; 2010, c. 258; 2024, cc. 25, 130, 260.","full_text":"A\n\nThis section shall be known and may be cited as the “Recovery Court Act.”B\n\nThe General Assembly recognizes that there is a critical need in the Commonwealth for effective treatment programs that reduce the incidence of drug use, drug addiction, family separation due to parental substance abuse, and drug-related crimes. It is the intent of the General Assembly by this section to enhance public safety by facilitating the creation of recovery courts as means by which to accomplish this purpose.C\n\nThe goals of recovery courts include: (i) reducing drug addiction and drug dependency among offenders; (ii) reducing recidivism; (iii) reducing drug-related court workloads; (iv) increasing personal, familial and societal accountability among offenders; and (v) promoting effective planning and use of resources among the criminal justice system and community agencies.D\n\nRecovery courts are specialized court dockets within the existing structure of Virginia’s court system offering judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. Local officials must complete a recognized planning process before establishing a recovery court program.E\n\nAdministrative oversight for implementation of the Recovery Court Act shall be conducted by the Supreme Court of Virginia. The Supreme Court of Virginia shall be responsible for (i) providing oversight for the distribution of funds for recovery courts; (ii) providing technical assistance to recovery courts; (iii) providing training for judges who preside over recovery courts; (iv) providing training to the providers of administrative, case management, and treatment services to recovery courts; and (v) monitoring the completion of evaluations of the effectiveness and efficiency of recovery courts in the Commonwealth.F\n\nThe state Recovery Court Advisory Committee shall be established to (i) evaluate and recommend standards for the planning and implementation of recovery courts; (ii) assist in the evaluation of their effectiveness and efficiency; and (iii) encourage and enhance cooperation among agencies that participate in their planning and implementation. The committee shall be chaired by the Chief Justice of the Supreme Court of Virginia or his designee and shall include a member of the Judicial Conference of Virginia who presides over a recovery court; a district court judge; the Executive Secretary or his designee; the directors of the following executive branch agencies: Department of Corrections, Department of Criminal Justice Services, Department of Juvenile Justice, Department of Behavioral Health and Developmental Services, Department of Social Services; a representative of the following entities: a local community-based probation and pretrial services agency, the Commonwealth’s Attorney’s Association, the Virginia Indigent Defense Commission, the Circuit Court Clerk’s Association, the Virginia Sheriff’s Association, the Virginia Association of Chiefs of Police, the Commission on VASAP, and two representatives designated by the Virginia Drug Court Association.G\n\nEach jurisdiction or combination of jurisdictions that intend to establish a recovery court or continue the operation of an existing one shall establish a local recovery court advisory committee. Jurisdictions that establish separate adult and juvenile recovery courts may establish an advisory committee for each such court. Each advisory committee shall ensure quality, efficiency, and fairness in the planning, implementation, and operation of the recovery court or courts that serve the jurisdiction or combination of jurisdictions. Advisory committee membership shall include, but shall not be limited to the following people or their designees: (i) the recovery court judge; (ii) the attorney for the Commonwealth, or, where applicable, the city or county attorney who has responsibility for the prosecution of misdemeanor offenses; (iii) the public defender or a member of the local criminal defense bar in jurisdictions in which there is no public defender; (iv) the clerk of the court in which the recovery court is located; (v) a representative of the Virginia Department of Corrections, or the Department of Juvenile Justice, or both, from the local office which serves the jurisdiction or combination of jurisdictions; (vi) a representative of a local community-based probation and pretrial services agency; (vii) a local law-enforcement officer; (viii) a representative of the Department of Behavioral Health and Developmental Services or a representative of local drug treatment providers; (ix) the recovery court administrator; (x) a representative of the Department of Social Services; (xi) county administrator or city manager; and (xii) any other people selected by the recovery court advisory committee.H\n\nEach local recovery court advisory committee shall establish criteria for the eligibility and participation of offenders who have been determined to be addicted to or dependent upon drugs. Subject to the provisions of this section, neither the establishment of a recovery court nor anything herein shall be construed as limiting the discretion of the attorney for the Commonwealth to prosecute any criminal case arising therein which he deems advisable to prosecute, except to the extent the participating attorney for the Commonwealth agrees to do so. An adult offender shall not be eligible for participation in any recovery court established or continued in operation pursuant to this section if any of the following conditions apply:1\n\nThe offender is presently charged with a felony offense or is convicted of a felony offense while participating in any recovery court where:\n\t\t\t\ta. The offender carried, possessed, or used a firearm or any dangerous weapon specified in § 18.2-308 during such offense;\n\t\t\t\tb. The death or serious bodily injury of any person occurred during such offense; or\n\t\t\t\tc. The use of force against any other person besides the offender occurred during such offense; or2\n\nThe offender was previously convicted as an adult of any felony offense that involved the use of force or attempted use of force against any person with the intent to cause death or serious bodily injury.I\n\nEach recovery court advisory committee shall establish policies and procedures for the operation of the court to attain the following goals: (i) effective integration of drug and alcohol treatment services with criminal justice system case processing; (ii) enhanced public safety through intensive offender supervision and drug treatment; (iii) prompt identification and placement of eligible participants; (iv) efficient access to a continuum of alcohol, drug, and related treatment and rehabilitation services; (v) verified participant abstinence through frequent alcohol and other drug testing; (vi) prompt response to participants’ noncompliance with program requirements through a coordinated strategy; (vii) ongoing judicial interaction with each recovery court participant; (viii) ongoing monitoring and evaluation of program effectiveness and efficiency; (ix) ongoing interdisciplinary education and training in support of program effectiveness and efficiency; and (x) ongoing collaboration among recovery courts, public agencies, and community-based organizations to enhance program effectiveness and efficiency.J\n\nParticipation by an offender in a recovery court shall be voluntary and made pursuant only to a written agreement entered into by and between the offender and the Commonwealth with the concurrence of the court.K\n\nNothing in this section shall preclude the establishment of substance abuse treatment programs and services pursuant to the deferred judgment provisions of § 18.2-251.L\n\nEach offender shall contribute to the cost of the substance abuse treatment he receives while participating in a recovery court pursuant to guidelines developed by the recovery court advisory committee.M\n\nNothing contained in this section shall confer a right or an expectation of a right to treatment for an offender or be construed as requiring a local recovery court advisory committee to accept for participation every offender.N\n\nThe Office of the Executive Secretary shall, with the assistance of the state Recovery Court Advisory Committee, develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of all local recovery courts. A report of these evaluations shall be submitted to the General Assembly by December 1 of each year. Each local recovery court advisory committee shall submit evaluative reports to the Office of the Executive Secretary as requested.O\n\nNotwithstanding any other provision of this section, no recovery court shall be established subsequent to March 1, 2004, unless the jurisdiction or jurisdictions intending or proposing to establish such court have been specifically granted permission under the Code of Virginia to establish such court. The provisions of this subsection shall not apply to any recovery court established on or before March 1, 2004, and operational as of July 1, 2004.P\n\nSubject to the requirements and conditions established by the state Recovery Court Advisory Committee, there shall be established a recovery court in the following jurisdictions: the City of Chesapeake and the City of Newport News.Q\n\nSubject to the requirements and conditions established by the state Recovery Court Advisory Committee, there shall be established a recovery court in the Juvenile and Domestic Relations District Court for the County of Franklin, provided that such court is funded solely through local sources.R\n\nSubject to the requirements and conditions established by the state Recovery Court Advisory Committee, there shall be established a recovery court in the City of Bristol and the County of Tazewell, provided that the court is funded within existing state and local appropriations.","order_by":null,"text":{"0":{"id":206979,"text":"This section shall be known and may be cited as the “Recovery Court Act.”","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206980,"text":"The General Assembly recognizes that there is a critical need in the Commonwealth for effective treatment programs that reduce the incidence of drug use, drug addiction, family separation due to parental substance abuse, and drug-related crimes. It is the intent of the General Assembly by this section to enhance public safety by facilitating the creation of recovery courts as means by which to accomplish this purpose.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206981,"text":"The goals of recovery courts include: (i) reducing drug addiction and drug dependency among offenders; (ii) reducing recidivism; (iii) reducing drug-related court workloads; (iv) increasing personal, familial and societal accountability among offenders; and (v) promoting effective planning and use of resources among the criminal justice system and community agencies.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":206982,"text":"Recovery courts are specialized court dockets within the existing structure of Virginia’s court system offering judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. Local officials must complete a recognized planning process before establishing a recovery court program.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":206983,"text":"Administrative oversight for implementation of the Recovery Court Act shall be conducted by the Supreme Court of Virginia. The Supreme Court of Virginia shall be responsible for (i) providing oversight for the distribution of funds for recovery courts; (ii) providing technical assistance to recovery courts; (iii) providing training for judges who preside over recovery courts; (iv) providing training to the providers of administrative, case management, and treatment services to recovery courts; and (v) monitoring the completion of evaluations of the effectiveness and efficiency of recovery courts in the Commonwealth.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":206984,"text":"The state Recovery Court Advisory Committee shall be established to (i) evaluate and recommend standards for the planning and implementation of recovery courts; (ii) assist in the evaluation of their effectiveness and efficiency; and (iii) encourage and enhance cooperation among agencies that participate in their planning and implementation. The committee shall be chaired by the Chief Justice of the Supreme Court of Virginia or his designee and shall include a member of the Judicial Conference of Virginia who presides over a recovery court; a district court judge; the Executive Secretary or his designee; the directors of the following executive branch agencies: Department of Corrections, Department of Criminal Justice Services, Department of Juvenile Justice, Department of Behavioral Health and Developmental Services, Department of Social Services; a representative of the following entities: a local community-based probation and pretrial services agency, the Commonwealth’s Attorney’s Association, the Virginia Indigent Defense Commission, the Circuit Court Clerk’s Association, the Virginia Sheriff’s Association, the Virginia Association of Chiefs of Police, the Commission on VASAP, and two representatives designated by the Virginia Drug Court Association.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":206985,"text":"Each jurisdiction or combination of jurisdictions that intend to establish a recovery court or continue the operation of an existing one shall establish a local recovery court advisory committee. Jurisdictions that establish separate adult and juvenile recovery courts may establish an advisory committee for each such court. Each advisory committee shall ensure quality, efficiency, and fairness in the planning, implementation, and operation of the recovery court or courts that serve the jurisdiction or combination of jurisdictions. Advisory committee membership shall include, but shall not be limited to the following people or their designees: (i) the recovery court judge; (ii) the attorney for the Commonwealth, or, where applicable, the city or county attorney who has responsibility for the prosecution of misdemeanor offenses; (iii) the public defender or a member of the local criminal defense bar in jurisdictions in which there is no public defender; (iv) the clerk of the court in which the recovery court is located; (v) a representative of the Virginia Department of Corrections, or the Department of Juvenile Justice, or both, from the local office which serves the jurisdiction or combination of jurisdictions; (vi) a representative of a local community-based probation and pretrial services agency; (vii) a local law-enforcement officer; (viii) a representative of the Department of Behavioral Health and Developmental Services or a representative of local drug treatment providers; (ix) the recovery court administrator; (x) a representative of the Department of Social Services; (xi) county administrator or city manager; and (xii) any other people selected by the recovery court advisory committee.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":206986,"text":"Each local recovery court advisory committee shall establish criteria for the eligibility and participation of offenders who have been determined to be addicted to or dependent upon drugs. Subject to the provisions of this section, neither the establishment of a recovery court nor anything herein shall be construed as limiting the discretion of the attorney for the Commonwealth to prosecute any criminal case arising therein which he deems advisable to prosecute, except to the extent the participating attorney for the Commonwealth agrees to do so. An adult offender shall not be eligible for participation in any recovery court established or continued in operation pursuant to this section if any of the following conditions apply:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"8":{"id":206987,"text":"The offender is presently charged with a felony offense or is convicted of a felony offense while participating in any recovery court where:\n\t\t\t\ta. The offender carried, possessed, or used a firearm or any dangerous weapon specified in § 18.2-308 during such offense;\n\t\t\t\tb. The death or serious bodily injury of any person occurred during such offense; or\n\t\t\t\tc. The use of force against any other person besides the offender occurred during such offense; or","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"9":{"id":206988,"text":"The offender was previously convicted as an adult of any felony offense that involved the use of force or attempted use of force against any person with the intent to cause death or serious bodily injury.","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"I"},"10":{"id":206989,"text":"Each recovery court advisory committee shall establish policies and procedures for the operation of the court to attain the following goals: (i) effective integration of drug and alcohol treatment services with criminal justice system case processing; (ii) enhanced public safety through intensive offender supervision and drug treatment; (iii) prompt identification and placement of eligible participants; (iv) efficient access to a continuum of alcohol, drug, and related treatment and rehabilitation services; (v) verified participant abstinence through frequent alcohol and other drug testing; (vi) prompt response to participants’ noncompliance with program requirements through a coordinated strategy; (vii) ongoing judicial interaction with each recovery court participant; (viii) ongoing monitoring and evaluation of program effectiveness and efficiency; (ix) ongoing interdisciplinary education and training in support of program effectiveness and efficiency; and (x) ongoing collaboration among recovery courts, public agencies, and community-based organizations to enhance program effectiveness and efficiency.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H2","next_prefix":"J"},"11":{"id":206990,"text":"Participation by an offender in a recovery court shall be voluntary and made pursuant only to a written agreement entered into by and between the offender and the Commonwealth with the concurrence of the court.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"12":{"id":206991,"text":"Nothing in this section shall preclude the establishment of substance abuse treatment programs and services pursuant to the deferred judgment provisions of § 18.2-251.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"13":{"id":206992,"text":"Each offender shall contribute to the cost of the substance abuse treatment he receives while participating in a recovery court pursuant to guidelines developed by the recovery court advisory committee.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"14":{"id":206993,"text":"Nothing contained in this section shall confer a right or an expectation of a right to treatment for an offender or be construed as requiring a local recovery court advisory committee to accept for participation every offender.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"15":{"id":206994,"text":"The Office of the Executive Secretary shall, with the assistance of the state Recovery Court Advisory Committee, develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of all local recovery courts. A report of these evaluations shall be submitted to the General Assembly by December 1 of each year. Each local recovery court advisory committee shall submit evaluative reports to the Office of the Executive Secretary as requested.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"16":{"id":206995,"text":"Notwithstanding any other provision of this section, no recovery court shall be established subsequent to March 1, 2004, unless the jurisdiction or jurisdictions intending or proposing to establish such court have been specifically granted permission under the Code of Virginia to establish such court. The provisions of this subsection shall not apply to any recovery court established on or before March 1, 2004, and operational as of July 1, 2004.","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N","next_prefix":"P"},"17":{"id":206996,"text":"Subject to the requirements and conditions established by the state Recovery Court Advisory Committee, there shall be established a recovery court in the following jurisdictions: the City of Chesapeake and the City of Newport News.","type":"section","prefixes":["P"],"prefix":"P","entire_prefix":"P","prefix_anchor":"P","level":1,"prior_prefix":"O","next_prefix":"Q"},"18":{"id":206997,"text":"Subject to the requirements and conditions established by the state Recovery Court Advisory Committee, there shall be established a recovery court in the Juvenile and Domestic Relations District Court for the County of Franklin, provided that such court is funded solely through local sources.","type":"section","prefixes":["Q"],"prefix":"Q","entire_prefix":"Q","prefix_anchor":"Q","level":1,"prior_prefix":"P","next_prefix":"R"},"19":{"id":206998,"text":"Subject to the requirements and conditions established by the state Recovery Court Advisory Committee, there shall be established a recovery court in the City of Bristol and the County of Tazewell, provided that the court is funded within existing state and local appropriations.","type":"section","prefixes":["R"],"prefix":"R","entire_prefix":"R","prefix_anchor":"R","level":1,"prior_prefix":"Q"}},"ancestry":[{"id":13207,"edition_id":1,"name":"Drugs","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":166503,"object_type":"structure","relational_id":13207,"identifier":"1","token":"18.2\/7\/1","url":"\/18.2\/7\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84070,"structure_id":13207,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","url":"\/18.2-247\/","token":"18.2\/7\/1\/18.2-247","metadata":false},{"id":68693,"structure_id":13207,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; 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distribution of nitrous oxide to persons under 18 prohibited; penalties","url":"\/18.2-264\/","token":"18.2\/7\/1\/18.2-264","metadata":false},{"id":63611,"structure_id":13207,"section_number":"18.2-264.01","catch_line":"Repealed","url":"\/18.2-264.01\/","token":"18.2\/7\/1\/18.2-264.01","metadata":false},{"id":70241,"structure_id":13207,"section_number":"18.2-264.1","catch_line":"Repealed","url":"\/18.2-264.1\/","token":"18.2\/7\/1\/18.2-264.1","metadata":false},{"id":72892,"structure_id":13207,"section_number":"18.2-265","catch_line":"Repealed","url":"\/18.2-265\/","token":"18.2\/7\/1\/18.2-265","metadata":false}],"previous_section":{"id":79884,"structure_id":13207,"section_number":"18.2-254","catch_line":"Commitment of convicted person for treatment for substance abuse","url":"\/18.2-254\/","token":"18.2\/7\/1\/18.2-254","metadata":false},"next_section":{"id":71021,"structure_id":13207,"section_number":"18.2-254.2","catch_line":"Specialty dockets; report","url":"\/18.2-254.2\/","token":"18.2\/7\/1\/18.2-254.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-254.1\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 1004<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapters 519<\/a> and 602<\/a>; in 2006, chapters 175<\/a> and 341<\/a>; in 2007, chapter 133<\/a>; in 2009, chapters 205<\/a>, 281<\/a>, 294<\/a>, 813<\/a>, and 840<\/a>; in 2010, chapter 258<\/a>; in 2024, chapters 25<\/a>, 130<\/a>, and 260<\/a>.<\/p>","references":[{"id":56919,"section_number":"54.1-2523","catch_line":"Confidentiality of data; disclosure of information; discretionary authority of Director","order_by":null,"url":"\/54.1-2523\/"}],"refers_to":[{"id":56600,"section_number":"18.2-308","catch_line":"Carrying concealed weapons; exceptions; penalty","order_by":null,"url":"\/18.2-308\/"}],"permalink":{"id":166637,"object_type":"law","relational_id":56553,"identifier":"18.2-254.1","token":"18.2\/7\/1\/18.2-254.1","url":"\/18.2-254.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-254.1\/","token":"18.2\/7\/1\/18.2-254.1","dublin_core":{"Title":"Recovery Court Act","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-254.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> This section shall be known and may be cited as the “Recovery Court<\/span> Act.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The General Assembly recognizes that there is a critical need in the Commonwealth for effective treatment programs that reduce the incidence of drug use, drug addiction, family separation due to parental substance abuse, and drug-related crimes<\/span>. It is the intent<\/span> of the General Assembly by this section to enhance public safety by facilitating the creation of recovery courts<\/span> as means by which to accomplish this purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The goals of recovery courts<\/span> include: (i) reducing drug addiction and drug dependency among offenders; (ii) reducing recidivism; (iii) reducing drug-related court<\/span> workloads; (iv) increasing personal, familial and societal accountability among offenders; and (v) promoting effective planning and use of resources among the criminal justice system and community agencies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Recovery courts<\/span> are specialized court<\/span> dockets<\/span> within the existing structure of Virginia’s court<\/span> system offering judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. Local officials must complete a recognized planning process before establishing a recovery court<\/span> program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Administrative oversight for implementation of the Recovery Court<\/span> Act shall be conducted by the Supreme Court<\/span> of Virginia. The Supreme Court<\/span> of Virginia shall be responsible for (i) providing oversight for the distribution of funds for recovery courts<\/span>; (ii) providing technical assistance to recovery courts<\/span>; (iii) providing training for judges<\/span> who preside over recovery courts<\/span>; (iv) providing training to the providers of administrative, case management, and treatment services to recovery courts<\/span>; and (v) monitoring the completion of evaluations of the effectiveness and efficiency of recovery courts<\/span> in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The state Recovery Court<\/span> Advisory Committee shall be established to (i) evaluate and recommend standards for the planning and implementation of recovery courts<\/span>; (ii) assist in the evaluation of their effectiveness and efficiency; and (iii) encourage and enhance cooperation among agencies that participate in their planning and implementation. The committee shall be chaired by the Chief Justice of the Supreme Court<\/span> of Virginia or his designee and shall include a member of the Judicial Conference of Virginia who presides over a recovery court<\/span>; a district court<\/span> judge<\/span>; the Executive Secretary or his designee; the directors of the following executive branch agencies: Department of Corrections, Department of Criminal Justice Services, Department of Juvenile Justice, Department of Behavioral Health and Developmental Services, Department of Social Services; a representative of the following entities: a local community-based probation<\/span> and pretrial services<\/span> agency, the Commonwealth’s Attorney’s Association, the Virginia Indigent<\/span> Defense Commission, the Circuit<\/span> Court<\/span> Clerk’s Association, the Virginia Sheriff’s Association, the Virginia Association of Chiefs of Police, the Commission on VASAP, and two representatives designated by the Virginia Drug Court<\/span> Association. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Each jurisdiction<\/span> or combination of jurisdictions<\/span> that intend to establish a recovery court<\/span> or continue the operation of an existing one shall establish a local recovery court<\/span> advisory committee. Jurisdictions<\/span> that establish separate adult and juvenile recovery courts<\/span> may establish an advisory committee for each such court<\/span>. Each advisory committee shall ensure quality, efficiency, and fairness in the planning, implementation, and operation of the recovery court<\/span> or courts<\/span> that serve the jurisdiction<\/span> or combination of jurisdictions<\/span>. Advisory committee membership shall include, but shall not be limited to the following people or their designees: (i) the recovery court<\/span> judge<\/span>; (ii) the attorney for the Commonwealth, or, where applicable, the city or county attorney who has responsibility for the prosecution<\/span> of misdemeanor<\/span> offenses<\/span>; (iii) the public defender<\/span> or a member of the local criminal defense bar in jurisdictions<\/span> in which there is no public defender<\/span>; (iv) the clerk of the court<\/span> in which the recovery court<\/span> is located; (v) a representative of the Virginia Department of Corrections, or the Department of Juvenile Justice, or both, from the local office which serves the jurisdiction<\/span> or combination of jurisdictions<\/span>; (vi) a representative of a local community-based probation<\/span> and pretrial services<\/span> agency; (vii) a local law<\/span>-enforcement officer; (viii) a representative of the Department of Behavioral Health and Developmental Services or a representative of local drug treatment providers; (ix) the recovery court<\/span> administrator; (x) a representative of the Department of Social Services; (xi) county administrator or city manager; and (xii) any other people selected by the recovery court<\/span> advisory committee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Each local recovery court<\/span> advisory committee shall establish criteria for the eligibility and participation of offenders who have been determined to be addicted to or dependent upon drugs. Subject to the provisions of this section, neither the establishment of a recovery court<\/span> nor anything herein shall be construed as limiting the discretion of the attorney for the Commonwealth to prosecute<\/span> any criminal case arising therein which he deems advisable to prosecute<\/span>, except to the extent the participating attorney for the Commonwealth agrees to do so. An adult offender shall not be eligible for participation in any recovery court<\/span> established or continued in operation pursuant to this section if any of the following conditions apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The offender is presently charged with a felony<\/span> offense<\/span> or is convicted of a felony<\/span> offense<\/span> while participating in any recovery court<\/span> where:\n\t\t\t\ta. The offender carried, possessed, or used a firearm or any dangerous weapon specified in § 18.2-308<\/a> during such offense<\/span>;\n\t\t\t\tb. The death or serious bodily injury of any person occurred during such offense<\/span>; or\n\t\t\t\tc. The use of force against any other person besides the offender occurred during such offense<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The offender was previously convicted as an adult of any felony<\/span> offense<\/span> that involved the use of force or attempted use of force against any person with the intent<\/span> to cause death or serious bodily injury. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Each recovery court<\/span> advisory committee shall establish policies and procedures for the operation of the court<\/span> to attain the following goals: (i) effective integration of drug and alcohol treatment services with criminal justice system case processing; (ii) enhanced public safety through intensive offender supervision and drug treatment; (iii) prompt identification and placement of eligible participants; (iv) efficient access to a continuum of alcohol, drug, and related treatment and rehabilitation services; (v) verified participant abstinence through frequent alcohol and other drug testing; (vi) prompt response to participants’ noncompliance with program requirements through a coordinated strategy; (vii) ongoing judicial interaction with each recovery court<\/span> participant; (viii) ongoing monitoring and evaluation of program effectiveness and efficiency; (ix) ongoing interdisciplinary education and training in support of program effectiveness and efficiency; and (x) ongoing collaboration among recovery courts<\/span>, public agencies, and community-based organizations to enhance program effectiveness and efficiency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Participation by an offender in a recovery court<\/span> shall be voluntary and made pursuant only to a written agreement entered into by and between the offender and the Commonwealth with the concurrence of the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Nothing in this section shall preclude the establishment of substance abuse treatment<\/span> programs and services pursuant to the deferred judgment<\/span> provisions of § 18.2-251<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Each offender shall contribute to the cost of the substance abuse treatment<\/span> he receives while participating in a recovery court<\/span> pursuant to guidelines developed by the recovery court<\/span> advisory committee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Nothing contained in this section shall confer a right or an expectation of a right to treatment for an offender or be construed as requiring a local recovery court<\/span> advisory committee to accept for participation every offender. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> The Office of the Executive Secretary shall, with the assistance of the state Recovery Court<\/span> Advisory Committee, develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of all local recovery courts<\/span>. A report of these evaluations shall be submitted to the General Assembly by December 1 of each year. Each local recovery court<\/span> advisory committee shall submit evaluative reports to the Office of the Executive Secretary as requested. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> Notwithstanding any other provision of this section, no recovery court<\/span> shall be established subsequent to March 1, 2004, unless the jurisdiction<\/span> or jurisdictions<\/span> intending or proposing to establish such court<\/span> have been specifically granted permission under the Code of Virginia to establish such court<\/span>. The provisions of this subsection shall not apply to any recovery court<\/span> established on or before March 1, 2004, and operational as of July 1, 2004. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

P.<\/span> Subject to the requirements and conditions established by the state Recovery Court<\/span> Advisory Committee, there shall be established a recovery court<\/span> in the following jurisdictions<\/span>: the City of Chesapeake and the City of Newport News. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

Q.<\/span> Subject to the requirements and conditions established by the state Recovery Court<\/span> Advisory Committee, there shall be established a recovery court<\/span> in the Juvenile and Domestic Relations District Court<\/span> for the County of Franklin, provided that such court<\/span> is funded solely through local sources. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

R.<\/span> Subject to the requirements and conditions established by the state Recovery Court<\/span> Advisory Committee, there shall be established a recovery court<\/span> in the City of Bristol and the County of Tazewell, provided that the court<\/span> is funded within existing state and local appropriations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECOVERY COURT ACT (\u00a7 18.2-254.1)\n\nA. This section shall be known and may be cited as the “Recovery Court\nAct.”\n\nB. The General Assembly recognizes that there is a critical need in the\nCommonwealth for effective treatment programs that reduce the incidence of drug\nuse, drug addiction, family separation due to parental substance abuse, and\ndrug-related crimes. It is the intent of the General Assembly by this section to\nenhance public safety by facilitating the creation of recovery courts as means\nby which to accomplish this purpose.\n\nC. The goals of recovery courts include: (i) reducing drug addiction and drug\ndependency among offenders; (ii) reducing recidivism; (iii) reducing\ndrug-related court workloads; (iv) increasing personal, familial and societal\naccountability among offenders; and (v) promoting effective planning and use of\nresources among the criminal justice system and community agencies.\n\nD. Recovery courts are specialized court dockets within the existing structure\nof Virginia’s court system offering judicial monitoring of intensive\ntreatment and strict supervision of addicts in drug and drug-related cases.\nLocal officials must complete a recognized planning process before establishing\na recovery court program.\n\nE. Administrative oversight for implementation of the Recovery Court Act shall\nbe conducted by the Supreme Court of Virginia. The Supreme Court of Virginia\nshall be responsible for (i) providing oversight for the distribution of funds\nfor recovery courts; (ii) providing technical assistance to recovery courts;\n(iii) providing training for judges who preside over recovery courts; (iv)\nproviding training to the providers of administrative, case management, and\ntreatment services to recovery courts; and (v) monitoring the completion of\nevaluations of the effectiveness and efficiency of recovery courts in the\nCommonwealth.\n\nF. The state Recovery Court Advisory Committee shall be established to (i)\nevaluate and recommend standards for the planning and implementation of recovery\ncourts; (ii) assist in the evaluation of their effectiveness and efficiency; and\n(iii) encourage and enhance cooperation among agencies that participate in their\nplanning and implementation. The committee shall be chaired by the Chief Justice\nof the Supreme Court of Virginia or his designee and shall include a member of\nthe Judicial Conference of Virginia who presides over a recovery court; a\ndistrict court judge; the Executive Secretary or his designee; the directors of\nthe following executive branch agencies: Department of Corrections, Department\nof Criminal Justice Services, Department of Juvenile Justice, Department of\nBehavioral Health and Developmental Services, Department of Social Services; a\nrepresentative of the following entities: a local community-based probation and\npretrial services agency, the Commonwealth’s Attorney’s Association,\nthe Virginia Indigent Defense Commission, the Circuit Court Clerk’s\nAssociation, the Virginia Sheriff’s Association, the Virginia Association\nof Chiefs of Police, the Commission on VASAP, and two representatives designated\nby the Virginia Drug Court Association.\n\nG. Each jurisdiction or combination of jurisdictions that intend to establish a\nrecovery court or continue the operation of an existing one shall establish a\nlocal recovery court advisory committee. Jurisdictions that establish separate\nadult and juvenile recovery courts may establish an advisory committee for each\nsuch court. Each advisory committee shall ensure quality, efficiency, and\nfairness in the planning, implementation, and operation of the recovery court or\ncourts that serve the jurisdiction or combination of jurisdictions. Advisory\ncommittee membership shall include, but shall not be limited to the following\npeople or their designees: (i) the recovery court judge; (ii) the attorney for\nthe Commonwealth, or, where applicable, the city or county attorney who has\nresponsibility for the prosecution of misdemeanor offenses; (iii) the public\ndefender or a member of the local criminal defense bar in jurisdictions in which\nthere is no public defender; (iv) the clerk of the court in which the recovery\ncourt is located; (v) a representative of the Virginia Department of\nCorrections, or the Department of Juvenile Justice, or both, from the local\noffice which serves the jurisdiction or combination of jurisdictions; (vi) a\nrepresentative of a local community-based probation and pretrial services\nagency; (vii) a local law-enforcement officer; (viii) a representative of the\nDepartment of Behavioral Health and Developmental Services or a representative\nof local drug treatment providers; (ix) the recovery court administrator; (x) a\nrepresentative of the Department of Social Services; (xi) county administrator\nor city manager; and (xii) any other people selected by the recovery court\nadvisory committee.\n\nH. Each local recovery court advisory committee shall establish criteria for the\neligibility and participation of offenders who have been determined to be\naddicted to or dependent upon drugs. Subject to the provisions of this section,\nneither the establishment of a recovery court nor anything herein shall be\nconstrued as limiting the discretion of the attorney for the Commonwealth to\nprosecute any criminal case arising therein which he deems advisable to\nprosecute, except to the extent the participating attorney for the Commonwealth\nagrees to do so. An adult offender shall not be eligible for participation in\nany recovery court established or continued in operation pursuant to this\nsection if any of the following conditions apply:\n\n 1. The offender is presently charged with a felony offense or is convicted of\n a felony offense while participating in any recovery court where:\n \t\t\t\ta. The offender carried, possessed, or used a firearm or any dangerous\n weapon specified in § 18.2-308 during such offense;\n \t\t\t\tb. The death or serious bodily injury of any person occurred during such\n offense; or\n \t\t\t\tc. The use of force against any other person besides the offender occurred\n during such offense; or\n\n 2. The offender was previously convicted as an adult of any felony offense\n that involved the use of force or attempted use of force against any person\n with the intent to cause death or serious bodily injury.\n\nI. Each recovery court advisory committee shall establish policies and\nprocedures for the operation of the court to attain the following goals: (i)\neffective integration of drug and alcohol treatment services with criminal\njustice system case processing; (ii) enhanced public safety through intensive\noffender supervision and drug treatment; (iii) prompt identification and\nplacement of eligible participants; (iv) efficient access to a continuum of\nalcohol, drug, and related treatment and rehabilitation services; (v) verified\nparticipant abstinence through frequent alcohol and other drug testing; (vi)\nprompt response to participants’ noncompliance with program requirements\nthrough a coordinated strategy; (vii) ongoing judicial interaction with each\nrecovery court participant; (viii) ongoing monitoring and evaluation of program\neffectiveness and efficiency; (ix) ongoing interdisciplinary education and\ntraining in support of program effectiveness and efficiency; and (x) ongoing\ncollaboration among recovery courts, public agencies, and community-based\norganizations to enhance program effectiveness and efficiency.\n\nJ. Participation by an offender in a recovery court shall be voluntary and made\npursuant only to a written agreement entered into by and between the offender\nand the Commonwealth with the concurrence of the court.\n\nK. Nothing in this section shall preclude the establishment of substance abuse\ntreatment programs and services pursuant to the deferred judgment provisions of\n§ 18.2-251.\n\nL. Each offender shall contribute to the cost of the substance abuse treatment\nhe receives while participating in a recovery court pursuant to guidelines\ndeveloped by the recovery court advisory committee.\n\nM. Nothing contained in this section shall confer a right or an expectation of a\nright to treatment for an offender or be construed as requiring a local recovery\ncourt advisory committee to accept for participation every offender.\n\nN. The Office of the Executive Secretary shall, with the assistance of the state\nRecovery Court Advisory Committee, develop a statewide evaluation model and\nconduct ongoing evaluations of the effectiveness and efficiency of all local\nrecovery courts. A report of these evaluations shall be submitted to the General\nAssembly by December 1 of each year. Each local recovery court advisory\ncommittee shall submit evaluative reports to the Office of the Executive\nSecretary as requested.\n\nO. Notwithstanding any other provision of this section, no recovery court shall\nbe established subsequent to March 1, 2004, unless the jurisdiction or\njurisdictions intending or proposing to establish such court have been\nspecifically granted permission under the Code of Virginia to establish such\ncourt. The provisions of this subsection shall not apply to any recovery court\nestablished on or before March 1, 2004, and operational as of July 1, 2004.\n\nP. Subject to the requirements and conditions established by the state Recovery\nCourt Advisory Committee, there shall be established a recovery court in the\nfollowing jurisdictions: the City of Chesapeake and the City of Newport News.\n\nQ. Subject to the requirements and conditions established by the state Recovery\nCourt Advisory Committee, there shall be established a recovery court in the\nJuvenile and Domestic Relations District Court for the County of Franklin,\nprovided that such court is funded solely through local sources.\n\nR. Subject to the requirements and conditions established by the state Recovery\nCourt Advisory Committee, there shall be established a recovery court in the\nCity of Bristol and the County of Tazewell, provided that the court is funded\nwithin existing state and local appropriations.\n\nHISTORY: 2004, c. 1004; 2005, cc. 519, 602; 2006, cc. 175, 341; 2007, c. 133;\n2009, cc. 205, 281, 294, 813, 840; 2010, c. 258; 2024, cc. 25, 130, 260.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}