{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-254.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-254.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-254.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-254.html"}],"law_id":79884,"edition_id":1,"section_id":79884,"structure_id":13207,"section_number":"18.2-254","catch_line":"Commitment of convicted person for treatment for substance abuse","history":"Code 1950, \u00a7 54-524.102; 1972, c. 758; 1974, c. 447; 1975, cc. 14, 15; 1978, c. 640; 1979, cc. 413, 435; 1992, c. 852; 1998, c. 724; 2000, cc. 1020, 1041; 2004, c. 130; 2005, c. 716; 2007, c. 133; 2009, cc. 813, 840; 2020, cc. 1285, 1286.","full_text":"A\n\nWhenever any person who has not previously been convicted of any criminal offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, stimulant, depressant, or hallucinogenic drugs or has not previously had a proceeding against him for violation of such an offense dismissed as provided in § 18.2-251 is found guilty of violating any law concerning the use, in any manner, of drugs, controlled substances, narcotics, marijuana, noxious chemical substances, and like substances, the judge or court shall require such person to undergo a substance abuse screening pursuant to § 18.2-251.01 and to submit to such periodic substance abuse testing, to include alcohol testing, as may be directed by the court. The cost of such testing ordered by the court shall be paid by the Commonwealth and taxed as a part of the costs of the criminal proceedings. The judge or court shall also order the person to undergo such treatment or education for substance abuse, if available, as the judge or court deems appropriate based upon consideration of the substance abuse assessment. The treatment or education shall be provided by a program or agency licensed by the Department of Behavioral Health and Developmental Services or by a similar program or services available through the Department of Corrections if the court imposes a sentence of one year or more or, if the court imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation services agency established pursuant to § 9.1-174, or an ASAP program certified by the Commission on VASAP.B\n\nThe court trying the case of any person alleged to have committed any criminal offense designated by this article or by the Drug Control Act (§ 54.1-3400 et seq.) or in any other criminal case in which the commission of the offense was motivated by or closely related to the use of drugs and determined by the court, pursuant to a substance abuse screening and assessment, to be in need of treatment for the use of drugs may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse, licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction of such offense or, if sentence was determined by a jury, not in excess of the term of imprisonment as set by such jury. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. A charge of escape may be prosecuted in either the jurisdiction where the treatment facility is located or the jurisdiction where the person was sentenced to commitment. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.C\n\nThe court trying a case in which commission of the criminal offense was related to the defendant’s habitual abuse of alcohol and in which the court determines, pursuant to a substance abuse screening and assessment, that such defendant is in need of treatment, may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.","order_by":null,"text":{"0":{"id":286132,"text":"Whenever any person who has not previously been convicted of any criminal offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, stimulant, depressant, or hallucinogenic drugs or has not previously had a proceeding against him for violation of such an offense dismissed as provided in § 18.2-251 is found guilty of violating any law concerning the use, in any manner, of drugs, controlled substances, narcotics, marijuana, noxious chemical substances, and like substances, the judge or court shall require such person to undergo a substance abuse screening pursuant to § 18.2-251.01 and to submit to such periodic substance abuse testing, to include alcohol testing, as may be directed by the court. The cost of such testing ordered by the court shall be paid by the Commonwealth and taxed as a part of the costs of the criminal proceedings. The judge or court shall also order the person to undergo such treatment or education for substance abuse, if available, as the judge or court deems appropriate based upon consideration of the substance abuse assessment. The treatment or education shall be provided by a program or agency licensed by the Department of Behavioral Health and Developmental Services or by a similar program or services available through the Department of Corrections if the court imposes a sentence of one year or more or, if the court imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation services agency established pursuant to § 9.1-174, or an ASAP program certified by the Commission on VASAP.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286133,"text":"The court trying the case of any person alleged to have committed any criminal offense designated by this article or by the Drug Control Act (§ 54.1-3400 et seq.) or in any other criminal case in which the commission of the offense was motivated by or closely related to the use of drugs and determined by the court, pursuant to a substance abuse screening and assessment, to be in need of treatment for the use of drugs may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse, licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction of such offense or, if sentence was determined by a jury, not in excess of the term of imprisonment as set by such jury. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. A charge of escape may be prosecuted in either the jurisdiction where the treatment facility is located or the jurisdiction where the person was sentenced to commitment. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":286134,"text":"The court trying a case in which commission of the criminal offense was related to the defendant’s habitual abuse of alcohol and in which the court determines, pursuant to a substance abuse screening and assessment, that such defendant is in need of treatment, may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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; penalties","url":"\/18.2-248\/","token":"18.2\/7\/1\/18.2-248","metadata":false},{"id":76843,"structure_id":13207,"section_number":"18.2-248.01","catch_line":"Transporting controlled substances into the Commonwealth; penalty","url":"\/18.2-248.01\/","token":"18.2\/7\/1\/18.2-248.01","metadata":false},{"id":56536,"structure_id":13207,"section_number":"18.2-248.02","catch_line":"Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine or fentanyl prohibited; penalties","url":"\/18.2-248.02\/","token":"18.2\/7\/1\/18.2-248.02","metadata":false},{"id":71689,"structure_id":13207,"section_number":"18.2-248.03","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine; penalty","url":"\/18.2-248.03\/","token":"18.2\/7\/1\/18.2-248.03","metadata":false},{"id":60978,"structure_id":13207,"section_number":"18.2-248.04","catch_line":"Methamphetamine Cleanup Fund established","url":"\/18.2-248.04\/","token":"18.2\/7\/1\/18.2-248.04","metadata":false},{"id":80122,"structure_id":13207,"section_number":"18.2-248.05","catch_line":"Prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance; penalties","url":"\/18.2-248.05\/","token":"18.2\/7\/1\/18.2-248.05","metadata":false},{"id":60632,"structure_id":13207,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","url":"\/18.2-248.1\/","token":"18.2\/7\/1\/18.2-248.1","metadata":false},{"id":84921,"structure_id":13207,"section_number":"18.2-248.1:1","catch_line":"Repealed","url":"\/18.2-248.1_1\/","token":"18.2\/7\/1\/18.2-248.1_1","metadata":false},{"id":79095,"structure_id":13207,"section_number":"18.2-248.2","catch_line":"Repealed","url":"\/18.2-248.2\/","token":"18.2\/7\/1\/18.2-248.2","metadata":false},{"id":63135,"structure_id":13207,"section_number":"18.2-248.3","catch_line":"Professional use of imitation controlled substances","url":"\/18.2-248.3\/","token":"18.2\/7\/1\/18.2-248.3","metadata":false},{"id":74647,"structure_id":13207,"section_number":"18.2-248.4","catch_line":"Advertisement of imitation controlled substances prohibited; penalty","url":"\/18.2-248.4\/","token":"18.2\/7\/1\/18.2-248.4","metadata":false},{"id":61670,"structure_id":13207,"section_number":"18.2-248.5","catch_line":"Illegal stimulants and steroids; penalty","url":"\/18.2-248.5\/","token":"18.2\/7\/1\/18.2-248.5","metadata":false},{"id":85537,"structure_id":13207,"section_number":"18.2-248.6","catch_line":"Repealed","url":"\/18.2-248.6\/","token":"18.2\/7\/1\/18.2-248.6","metadata":false},{"id":67721,"structure_id":13207,"section_number":"18.2-248.8","catch_line":"Repealed","url":"\/18.2-248.8\/","token":"18.2\/7\/1\/18.2-248.8","metadata":false},{"id":80562,"structure_id":13207,"section_number":"18.2-249","catch_line":"Repealed","url":"\/18.2-249\/","token":"18.2\/7\/1\/18.2-249","metadata":false},{"id":58255,"structure_id":13207,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","url":"\/18.2-250\/","token":"18.2\/7\/1\/18.2-250","metadata":false},{"id":72485,"structure_id":13207,"section_number":"18.2-250.1","catch_line":"Repealed","url":"\/18.2-250.1\/","token":"18.2\/7\/1\/18.2-250.1","metadata":false},{"id":68547,"structure_id":13207,"section_number":"18.2-251","catch_line":"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge","url":"\/18.2-251\/","token":"18.2\/7\/1\/18.2-251","metadata":false},{"id":82839,"structure_id":13207,"section_number":"18.2-251.01","catch_line":"Substance abuse screening and assessment for felony convictions","url":"\/18.2-251.01\/","token":"18.2\/7\/1\/18.2-251.01","metadata":false},{"id":58651,"structure_id":13207,"section_number":"18.2-251.02","catch_line":"Drug Offender Assessment and Treatment Fund","url":"\/18.2-251.02\/","token":"18.2\/7\/1\/18.2-251.02","metadata":false},{"id":71520,"structure_id":13207,"section_number":"18.2-251.03","catch_line":"Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence","url":"\/18.2-251.03\/","token":"18.2\/7\/1\/18.2-251.03","metadata":false},{"id":67911,"structure_id":13207,"section_number":"18.2-251.1","catch_line":"Possession or distribution of marijuana for medical purposes permitted","url":"\/18.2-251.1\/","token":"18.2\/7\/1\/18.2-251.1","metadata":false},{"id":58050,"structure_id":13207,"section_number":"18.2-251.1:1","catch_line":"Possession or distribution of cannabis oil; public schools","url":"\/18.2-251.1_1\/","token":"18.2\/7\/1\/18.2-251.1_1","metadata":false},{"id":56326,"structure_id":13207,"section_number":"18.2-251.1:2","catch_line":"Possession or distribution of cannabis oil; nursing homes and certified nursing facilities; hospice and hospice facilities; assisted living facilities","url":"\/18.2-251.1_2\/","token":"18.2\/7\/1\/18.2-251.1_2","metadata":false},{"id":57833,"structure_id":13207,"section_number":"18.2-251.1:3","catch_line":"Possession or distribution of cannabis oil, or industrial hemp; laboratories; Department of Agriculture and Consumer Services, Department of Law employees","url":"\/18.2-251.1_3\/","token":"18.2\/7\/1\/18.2-251.1_3","metadata":false},{"id":60795,"structure_id":13207,"section_number":"18.2-251.2","catch_line":"Possession and distribution of flunitrazepam; enhanced penalty","url":"\/18.2-251.2\/","token":"18.2\/7\/1\/18.2-251.2","metadata":false},{"id":81533,"structure_id":13207,"section_number":"18.2-251.3","catch_line":"Possession and distribution of gamma-butyrolactone; 1, 4-butanediol; enhanced penalty","url":"\/18.2-251.3\/","token":"18.2\/7\/1\/18.2-251.3","metadata":false},{"id":57979,"structure_id":13207,"section_number":"18.2-251.4","catch_line":"Defeating drug and alcohol screening tests; penalty","url":"\/18.2-251.4\/","token":"18.2\/7\/1\/18.2-251.4","metadata":false},{"id":66570,"structure_id":13207,"section_number":"18.2-251.5","catch_line":"Manufacturing, selling, giving, distributing, or possessing xylazine; penalties","url":"\/18.2-251.5\/","token":"18.2\/7\/1\/18.2-251.5","metadata":false},{"id":65343,"structure_id":13207,"section_number":"18.2-252","catch_line":"Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education","url":"\/18.2-252\/","token":"18.2\/7\/1\/18.2-252","metadata":false},{"id":79890,"structure_id":13207,"section_number":"18.2-253","catch_line":"Repealed","url":"\/18.2-253\/","token":"18.2\/7\/1\/18.2-253","metadata":false},{"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},{"id":56553,"structure_id":13207,"section_number":"18.2-254.1","catch_line":"Recovery Court Act","url":"\/18.2-254.1\/","token":"18.2\/7\/1\/18.2-254.1","metadata":false},{"id":71021,"structure_id":13207,"section_number":"18.2-254.2","catch_line":"Specialty dockets; 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violations for which no penalty provided","url":"\/18.2-260\/","token":"18.2\/7\/1\/18.2-260","metadata":false},{"id":72374,"structure_id":13207,"section_number":"18.2-260.1","catch_line":"Falsifying patient records","url":"\/18.2-260.1\/","token":"18.2\/7\/1\/18.2-260.1","metadata":false},{"id":66248,"structure_id":13207,"section_number":"18.2-261","catch_line":"Monetary penalty","url":"\/18.2-261\/","token":"18.2\/7\/1\/18.2-261","metadata":false},{"id":74458,"structure_id":13207,"section_number":"18.2-262","catch_line":"Witnesses not excused from testifying or producing evidence because of self-incrimination","url":"\/18.2-262\/","token":"18.2\/7\/1\/18.2-262","metadata":false},{"id":57290,"structure_id":13207,"section_number":"18.2-263","catch_line":"Unnecessary to negative exception, etc.; burden of proof of exception, etc","url":"\/18.2-263\/","token":"18.2\/7\/1\/18.2-263","metadata":false},{"id":86559,"structure_id":13207,"section_number":"18.2-264","catch_line":"Inhaling drugs or other noxious chemical substances or causing, etc., others to do so; 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":79890,"structure_id":13207,"section_number":"18.2-253","catch_line":"Repealed","url":"\/18.2-253\/","token":"18.2\/7\/1\/18.2-253","metadata":false},"next_section":{"id":56553,"structure_id":13207,"section_number":"18.2-254.1","catch_line":"Recovery Court Act","url":"\/18.2-254.1\/","token":"18.2\/7\/1\/18.2-254.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-254\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 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 1972, chapter 758; in 1974, chapter 447; in 1975, chapters 14 and 15; in 1978, chapter 640; in 1979, chapters 413 and 435; in 1992, chapter 852; in 1998, chapter 724<\/a>; in 2000, chapters 1020<\/a> and 1041<\/a>; in 2004, chapter 130<\/a>; in 2005, chapter 716<\/a>; in 2007, chapter 133<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2020, chapters 1285<\/a> and 1286<\/a>.<\/p>","references":false,"refers_to":[{"id":68547,"section_number":"18.2-251","catch_line":"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge","order_by":null,"url":"\/18.2-251\/"},{"id":82839,"section_number":"18.2-251.01","catch_line":"Substance abuse screening and assessment for felony convictions","order_by":null,"url":"\/18.2-251.01\/"},{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"},{"id":65065,"section_number":"9.1-174","catch_line":"Establishment of a community-based probation services agency","order_by":null,"url":"\/9.1-174\/"}],"permalink":{"id":166633,"object_type":"law","relational_id":79884,"identifier":"18.2-254","token":"18.2\/7\/1\/18.2-254","url":"\/18.2-254\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-254\/","token":"18.2\/7\/1\/18.2-254","dublin_core":{"Title":"Commitment of convicted person for treatment for substance abuse","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-254","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever any person who has not previously been convicted of any criminal offense<\/span> under this article or under any statute<\/span> of the United States or of any state relating to narcotic drugs, marijuana, stimulant, depressant, or hallucinogenic drugs or has not previously had a proceeding against him for violation of such an offense<\/span> dismissed as provided in § 18.2-251<\/a> is found guilty of violating any law<\/span> concerning the use, in any manner, of drugs, controlled substances, narcotics, marijuana, noxious chemical substances, and like substances, the judge<\/span> or court<\/span> shall require such person to undergo a substance abuse screening pursuant to § 18.2-251.01<\/a> and to submit to such periodic substance abuse testing, to include alcohol testing, as may be directed by the court<\/span>. The cost of such testing ordered by the court<\/span> shall be paid by the Commonwealth and taxed as a part of the costs of the criminal proceedings. The judge<\/span> or court<\/span> shall also order<\/span> the person to undergo such treatment or education for substance abuse, if available, as the judge<\/span> or court<\/span> deems appropriate based upon consideration of the substance abuse assessment. The treatment or education shall be provided by a program or agency licensed by the Department of Behavioral Health and Developmental Services or by a similar program or services available through the Department of Corrections if the court<\/span> imposes a sentence of one year or more or, if the court<\/span> imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation<\/span> services agency established pursuant to § 9.1-174<\/a>, or an ASAP program certified by the Commission on VASAP. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> trying the case of any person alleged to have committed any criminal offense<\/span> designated by this article or by the Drug Control Act (§ 54.1-3400<\/a> et seq.) or in any other criminal case in which the commission of the offense<\/span> was motivated by or closely related to the use of drugs and determined by the court<\/span>, pursuant to a substance abuse screening and assessment, to be in need of treatment for the use of drugs may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction<\/span>, to any facility for the treatment of persons with substance abuse, licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty<\/span> for conviction<\/span> of such offense<\/span> or, if sentence was determined by a jury<\/span>, not in excess of the term of imprisonment as set by such jury<\/span>. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. A charge of escape may be prosecuted in either the jurisdiction<\/span> where the treatment facility is located or the jurisdiction<\/span> where the person was sentenced to commitment. The court<\/span> may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court<\/span> may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court<\/span> may prescribe. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> trying a case in which commission of the criminal offense<\/span> was related to the defendant<\/span>’s habitual abuse of alcohol and in which the court<\/span> determines, pursuant to a substance abuse screening and assessment, that such defendant<\/span> is in need of treatment, may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction<\/span>, to any facility for the treatment of persons with substance abuse licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty<\/span> for conviction<\/span>. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. The court<\/span> may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court<\/span> may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court<\/span> may prescribe. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMITMENT OF CONVICTED PERSON FOR TREATMENT FOR SUBSTANCE ABUSE (\u00a7 18.2-254)\n\nA. Whenever any person who has not previously been convicted of any criminal\noffense under this article or under any statute of the United States or of any\nstate relating to narcotic drugs, marijuana, stimulant, depressant, or\nhallucinogenic drugs or has not previously had a proceeding against him for\nviolation of such an offense dismissed as provided in § 18.2-251 is found\nguilty of violating any law concerning the use, in any manner, of drugs,\ncontrolled substances, narcotics, marijuana, noxious chemical substances, and\nlike substances, the judge or court shall require such person to undergo a\nsubstance abuse screening pursuant to § 18.2-251.01 and to submit to such\nperiodic substance abuse testing, to include alcohol testing, as may be directed\nby the court. The cost of such testing ordered by the court shall be paid by the\nCommonwealth and taxed as a part of the costs of the criminal proceedings. The\njudge or court shall also order the person to undergo such treatment or\neducation for substance abuse, if available, as the judge or court deems\nappropriate based upon consideration of the substance abuse assessment. The\ntreatment or education shall be provided by a program or agency licensed by the\nDepartment of Behavioral Health and Developmental Services or by a similar\nprogram or services available through the Department of Corrections if the court\nimposes a sentence of one year or more or, if the court imposes a sentence of 12\nmonths or less, by a similar program or services available through a local or\nregional jail, a local community-based probation services agency established\npursuant to § 9.1-174, or an ASAP program certified by the Commission on\nVASAP.\n\nB. The court trying the case of any person alleged to have committed any\ncriminal offense designated by this article or by the Drug Control Act (§\n54.1-3400 et seq.) or in any other criminal case in which the commission of the\noffense was motivated by or closely related to the use of drugs and determined\nby the court, pursuant to a substance abuse screening and assessment, to be in\nneed of treatment for the use of drugs may commit, based upon a consideration of\nthe substance abuse assessment, such person, upon his conviction, to any\nfacility for the treatment of persons with substance abuse, licensed by the\nDepartment of Behavioral Health and Developmental Services, if space is\navailable in such facility, for a period of time not in excess of the maximum\nterm of imprisonment specified as the penalty for conviction of such offense or,\nif sentence was determined by a jury, not in excess of the term of imprisonment\nas set by such jury. Confinement under such commitment shall be, in all regards,\ntreated as confinement in a penal institution and the person so committed may be\nconvicted of escape if he leaves the place of commitment without authority. A\ncharge of escape may be prosecuted in either the jurisdiction where the\ntreatment facility is located or the jurisdiction where the person was sentenced\nto commitment. The court may revoke such commitment at any time and transfer the\nperson to an appropriate state or local correctional facility. Upon presentation\nof a certified statement from the director of the treatment facility to the\neffect that the confined person has successfully responded to treatment, the\ncourt may release such confined person prior to the termination of the period of\ntime for which such person was confined and may suspend the remainder of the\nterm upon such conditions as the court may prescribe.\n\nC. The court trying a case in which commission of the criminal offense was\nrelated to the defendant’s habitual abuse of alcohol and in which the\ncourt determines, pursuant to a substance abuse screening and assessment, that\nsuch defendant is in need of treatment, may commit, based upon a consideration\nof the substance abuse assessment, such person, upon his conviction, to any\nfacility for the treatment of persons with substance abuse licensed by the\nDepartment of Behavioral Health and Developmental Services, if space is\navailable in such facility, for a period of time not in excess of the maximum\nterm of imprisonment specified as the penalty for conviction. Confinement under\nsuch commitment shall be, in all regards, treated as confinement in a penal\ninstitution and the person so committed may be convicted of escape if he leaves\nthe place of commitment without authority. The court may revoke such commitment\nat any time and transfer the person to an appropriate state or local\ncorrectional facility. Upon presentation of a certified statement from the\ndirector of the treatment facility to the effect that the confined person has\nsuccessfully responded to treatment, the court may release such confined person\nprior to the termination of the period of time for which such person was\nconfined and may suspend the remainder of the term upon such conditions as the\ncourt may prescribe.\n\nHISTORY: Code 1950, \u00a7 54-524.102; 1972, c. 758; 1974, c. 447; 1975, cc. 14, 15;\n1978, c. 640; 1979, cc. 413, 435; 1992, c. 852; 1998, c. 724; 2000, cc. 1020,\n1041; 2004, c. 130; 2005, c. 716; 2007, c. 133; 2009, cc. 813, 840; 2020, cc.\n1285, 1286.","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}}