{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-299.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-299.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-299.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-299.2.html"}],"law_id":71480,"edition_id":1,"section_id":71480,"structure_id":14013,"section_number":"19.2-299.2","catch_line":"Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions","history":"1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 958, 980, 1040; 2007, c. 133; 2008, c. 762.","full_text":"A\n\nWhen a person is convicted of any offense committed on or after January 1, 2000, under Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2, and such offense is punishable as a Class 1 misdemeanor, or when a person is convicted for a second offense of petit larceny, the court shall order the person to undergo a substance abuse screening as part of the sentence if the defendant’s sentence includes probation supervision by a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1 or participation in a local alcohol safety action program. Whenever a court requires a person to enter into and successfully complete an alcohol safety action program pursuant to § 18.2-271.1 for a second offense of the type described therein, or orders an evaluation of a person to be conducted by an alcohol safety action program pursuant to any provision of § 46.2-391, the alcohol safety action program shall assess such person’s degree of alcohol abuse before determining the appropriate level of treatment to be provided or to be recommended for such person being evaluated pursuant to § 46.2-391.\n\t\t\tThe court may order such screening upon conviction as part of the sentence of any other Class 1 misdemeanor if the defendant’s sentence includes probation supervision by a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, participation in a local alcohol safety action program or any other sanction and the court has reason to believe the defendant has a substance abuse or dependence problem.B\n\nA substance abuse screening ordered pursuant to this section shall be conducted by the local alcohol safety action program. When an offender is ordered to enter local community-based probation services established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, rather than the local alcohol safety action program, the local community-based probation services agency shall be responsible for the screening. However, if a local community-based probation services agency has not been established for the locality, the local alcohol safety action program shall conduct the screening as part of the sentence.C\n\nIf the screening indicates that the person has a substance abuse or dependence problem, an assessment shall be completed and if the assessment confirms that the person has a substance abuse or dependence problem, as a condition of a suspended sentence and probation, the court shall order the person to complete the substance abuse education and intervention component, or both as appropriate, of the local alcohol safety action program or such other agency providing treatment programs or services, if available, such as in the opinion of the court would be best suited to the needs of the person. If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based upon the defendant’s ability to pay.","order_by":null,"text":{"0":{"id":257646,"text":"When a person is convicted of any offense committed on or after January 1, 2000, under Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2, and such offense is punishable as a Class 1 misdemeanor, or when a person is convicted for a second offense of petit larceny, the court shall order the person to undergo a substance abuse screening as part of the sentence if the defendant’s sentence includes probation supervision by a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1 or participation in a local alcohol safety action program. Whenever a court requires a person to enter into and successfully complete an alcohol safety action program pursuant to § 18.2-271.1 for a second offense of the type described therein, or orders an evaluation of a person to be conducted by an alcohol safety action program pursuant to any provision of § 46.2-391, the alcohol safety action program shall assess such person’s degree of alcohol abuse before determining the appropriate level of treatment to be provided or to be recommended for such person being evaluated pursuant to § 46.2-391.\n\t\t\tThe court may order such screening upon conviction as part of the sentence of any other Class 1 misdemeanor if the defendant’s sentence includes probation supervision by a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, participation in a local alcohol safety action program or any other sanction and the court has reason to believe the defendant has a substance abuse or dependence problem.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257647,"text":"A substance abuse screening ordered pursuant to this section shall be conducted by the local alcohol safety action program. When an offender is ordered to enter local community-based probation services established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, rather than the local alcohol safety action program, the local community-based probation services agency shall be responsible for the screening. However, if a local community-based probation services agency has not been established for the locality, the local alcohol safety action program shall conduct the screening as part of the sentence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":257648,"text":"If the screening indicates that the person has a substance abuse or dependence problem, an assessment shall be completed and if the assessment confirms that the person has a substance abuse or dependence problem, as a condition of a suspended sentence and probation, the court shall order the person to complete the substance abuse education and intervention component, or both as appropriate, of the local alcohol safety action program or such other agency providing treatment programs or services, if available, such as in the opinion of the court would be best suited to the needs of the person. If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based upon the defendant’s ability to pay.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14013,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169443,"object_type":"structure","relational_id":14013,"identifier":"1","token":"19.2\/18\/1","url":"\/19.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58209,"structure_id":14013,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","url":"\/19.2-295\/","token":"19.2\/18\/1\/19.2-295","metadata":false},{"id":67916,"structure_id":14013,"section_number":"19.2-295.1","catch_line":"Sentencing proceeding by the jury after conviction","url":"\/19.2-295.1\/","token":"19.2\/18\/1\/19.2-295.1","metadata":false},{"id":60349,"structure_id":14013,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","url":"\/19.2-295.2\/","token":"19.2\/18\/1\/19.2-295.2","metadata":false},{"id":86676,"structure_id":14013,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","url":"\/19.2-295.2_1\/","token":"19.2\/18\/1\/19.2-295.2_1","metadata":false},{"id":65204,"structure_id":14013,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","url":"\/19.2-295.3\/","token":"19.2\/18\/1\/19.2-295.3","metadata":false},{"id":85451,"structure_id":14013,"section_number":"19.2-296","catch_line":"Withdrawal of plea of guilty","url":"\/19.2-296\/","token":"19.2\/18\/1\/19.2-296","metadata":false},{"id":78707,"structure_id":14013,"section_number":"19.2-297","catch_line":"Repealed","url":"\/19.2-297\/","token":"19.2\/18\/1\/19.2-297","metadata":false},{"id":56020,"structure_id":14013,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","url":"\/19.2-297.1\/","token":"19.2\/18\/1\/19.2-297.1","metadata":false},{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},{"id":64383,"structure_id":14013,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","url":"\/19.2-298.01\/","token":"19.2\/18\/1\/19.2-298.01","metadata":false},{"id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","metadata":false},{"id":72885,"structure_id":14013,"section_number":"19.2-298.1","catch_line":"Repealed","url":"\/19.2-298.1\/","token":"19.2\/18\/1\/19.2-298.1","metadata":false},{"id":75041,"structure_id":14013,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","url":"\/19.2-299\/","token":"19.2\/18\/1\/19.2-299","metadata":false},{"id":67741,"structure_id":14013,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; 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expenses of psychiatrist","url":"\/19.2-301\/","token":"19.2\/18\/1\/19.2-301","metadata":false},{"id":59002,"structure_id":14013,"section_number":"19.2-302","catch_line":"Construction and administration of \u00a7\u00a7 19.2-300 and 19.2-301","url":"\/19.2-302\/","token":"19.2\/18\/1\/19.2-302","metadata":false},{"id":63915,"structure_id":14013,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","url":"\/19.2-303\/","token":"19.2\/18\/1\/19.2-303","metadata":false},{"id":64740,"structure_id":14013,"section_number":"19.2-303.01","catch_line":"Reduction of sentence; substantial assistance to prosecution","url":"\/19.2-303.01\/","token":"19.2\/18\/1\/19.2-303.01","metadata":false},{"id":74000,"structure_id":14013,"section_number":"19.2-303.02","catch_line":"Modification of conditions of suspended sentence or probation to require fingerprinting","url":"\/19.2-303.02\/","token":"19.2\/18\/1\/19.2-303.02","metadata":false},{"id":74432,"structure_id":14013,"section_number":"19.2-303.1","catch_line":"Fixing period of suspension of sentence","url":"\/19.2-303.1\/","token":"19.2\/18\/1\/19.2-303.1","metadata":false},{"id":55101,"structure_id":14013,"section_number":"19.2-303.2","catch_line":"Persons charged with first offense may be placed on probation","url":"\/19.2-303.2\/","token":"19.2\/18\/1\/19.2-303.2","metadata":false},{"id":70874,"structure_id":14013,"section_number":"19.2-303.3","catch_line":"Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services","url":"\/19.2-303.3\/","token":"19.2\/18\/1\/19.2-303.3","metadata":false},{"id":63262,"structure_id":14013,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","url":"\/19.2-303.4\/","token":"19.2\/18\/1\/19.2-303.4","metadata":false},{"id":84397,"structure_id":14013,"section_number":"19.2-303.5","catch_line":"Expired","url":"\/19.2-303.5\/","token":"19.2\/18\/1\/19.2-303.5","metadata":false},{"id":73653,"structure_id":14013,"section_number":"19.2-303.6","catch_line":"Deferred disposition in a criminal case; persons with autism or intellectual disabilities","url":"\/19.2-303.6\/","token":"19.2\/18\/1\/19.2-303.6","metadata":false},{"id":71283,"structure_id":14013,"section_number":"19.2-304","catch_line":"Increasing or decreasing probation period and modification of conditions","url":"\/19.2-304\/","token":"19.2\/18\/1\/19.2-304","metadata":false},{"id":75628,"structure_id":14013,"section_number":"19.2-305","catch_line":"Requiring fines, costs, restitution for damages, support, or community services from probationer","url":"\/19.2-305\/","token":"19.2\/18\/1\/19.2-305","metadata":false},{"id":82621,"structure_id":14013,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; 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contents; uses","url":"\/19.2-299.1\/","token":"19.2\/18\/1\/19.2-299.1","metadata":false},"next_section":{"id":56093,"structure_id":14013,"section_number":"19.2-299.3","catch_line":"Report of arrest and conviction of school employees by probation and parole officers for certain offenses","url":"\/19.2-299.3\/","token":"19.2\/18\/1\/19.2-299.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-299.2\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapters 783<\/a> and 840<\/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 4 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 1999, chapters 891<\/a> and 913<\/a>; in 2000, chapters 958<\/a>, 980<\/a>, and 1040<\/a>; in 2007, chapter 133<\/a>; in 2008, chapter 762<\/a>.<\/p>","references":[{"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":61871,"section_number":"4.1-1120","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":"\/4.1-1120\/"}],"refers_to":[{"id":84070,"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","order_by":null,"url":"\/18.2-247\/"},{"id":54839,"section_number":"18.2-265.1","catch_line":"Definition","order_by":null,"url":"\/18.2-265.1\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":72043,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","order_by":null,"url":"\/46.2-391\/"},{"id":55140,"section_number":"9.1-173","catch_line":"Purpose","order_by":null,"url":"\/9.1-173\/"}],"permalink":{"id":169501,"object_type":"law","relational_id":71480,"identifier":"19.2-299.2","token":"19.2\/18\/1\/19.2-299.2","url":"\/19.2-299.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-299.2\/","token":"19.2\/18\/1\/19.2-299.2","dublin_core":{"Title":"Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-299.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a person is convicted of any offense<\/span> committed on or after January 1, 2000, under Article 1 (§ 18.2-247<\/a> et seq.) or Article 1.1 (§ 18.2-265.1<\/a> et seq.) of Chapter 7 of Title 18.2, and such offense<\/span> is punishable as a Class 1 misdemeanor<\/span>, or when a person is convicted for a second offense<\/span> of petit larceny<\/span>, the court<\/span> shall order<\/span> the person to undergo a substance abuse screening as part of the sentence if the defendant<\/span>’s sentence includes probation<\/span> supervision by a local community-based probation<\/span> services agency established pursuant to Article 9 (§ 9.1-173<\/a> et seq.) of Chapter 1 of Title 9.1 or participation in a local alcohol safety action program. Whenever a court<\/span> requires a person to enter into and successfully complete an alcohol safety action program pursuant to § 18.2-271.1<\/a> for a second offense<\/span> of the type described therein, or orders<\/span> an evaluation of a person to be conducted by an alcohol safety action program pursuant to any provision of § 46.2-391<\/a>, the alcohol safety action program shall assess such person’s degree of alcohol abuse before determining the appropriate level of treatment to be provided or to be recommended for such person being evaluated pursuant to § 46.2-391<\/a>.\n\t\t\tThe court<\/span> may order<\/span> such screening upon conviction<\/span> as part of the sentence of any other Class 1 misdemeanor<\/span> if the defendant<\/span>’s sentence includes probation<\/span> supervision by a local community-based probation<\/span> services agency established pursuant to Article 9 (§ 9.1-173<\/a> et seq.) of Chapter 1 of Title 9.1, participation in a local alcohol safety action program or any other sanction<\/span> and the court<\/span> has reason to believe the defendant<\/span> has a substance abuse or dependence problem. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A substance abuse screening ordered pursuant to this section shall be conducted by the local alcohol safety action program. When an offender is ordered to enter local community-based probation<\/span> services established pursuant to Article 9 (§ 9.1-173<\/a> et seq.) of Chapter 1 of Title 9.1, rather than the local alcohol safety action program, the local community-based probation<\/span> services agency shall be responsible for the screening. However, if a local community-based probation<\/span> services agency has not been established for the locality, the local alcohol safety action program shall conduct the screening as part of the sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the screening indicates that the person has a substance abuse or dependence problem, an assessment shall be completed and if the assessment confirms that the person has a substance abuse or dependence problem, as a condition of a suspended sentence<\/span> and probation<\/span>, the court<\/span> shall order<\/span> the person to complete the substance abuse education and intervention component, or both as appropriate, of the local alcohol safety action program or such other agency providing treatment programs or services, if available, such as in the opinion<\/span> of the court<\/span> would be best suited to the needs of the person. If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based upon the defendant<\/span>’s ability to pay. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nALCOHOL AND SUBSTANCE ABUSE SCREENING AND ASSESSMENT FOR DESIGNATED CLASS 1\nMISDEMEANOR CONVICTIONS (\u00a7 19.2-299.2)\n\nA. When a person is convicted of any offense committed on or after January 1,\n2000, under Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§\n18.2-265.1 et seq.) of Chapter 7 of Title 18.2, and such offense is punishable\nas a Class 1 misdemeanor, or when a person is convicted for a second offense of\npetit larceny, the court shall order the person to undergo a substance abuse\nscreening as part of the sentence if the defendant’s sentence includes\nprobation supervision by a local community-based probation services agency\nestablished pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title\n9.1 or participation in a local alcohol safety action program. Whenever a court\nrequires a person to enter into and successfully complete an alcohol safety\naction program pursuant to § 18.2-271.1 for a second offense of the type\ndescribed therein, or orders an evaluation of a person to be conducted by an\nalcohol safety action program pursuant to any provision of § 46.2-391, the\nalcohol safety action program shall assess such person’s degree of alcohol\nabuse before determining the appropriate level of treatment to be provided or to\nbe recommended for such person being evaluated pursuant to § 46.2-391.\n\t\t\tThe court may order such screening upon conviction as part of the sentence of\nany other Class 1 misdemeanor if the defendant’s sentence includes\nprobation supervision by a local community-based probation services agency\nestablished pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title\n9.1, participation in a local alcohol safety action program or any other\nsanction and the court has reason to believe the defendant has a substance abuse\nor dependence problem.\n\nB. A substance abuse screening ordered pursuant to this section shall be\nconducted by the local alcohol safety action program. When an offender is\nordered to enter local community-based probation services established pursuant\nto Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, rather than the\nlocal alcohol safety action program, the local community-based probation\nservices agency shall be responsible for the screening. However, if a local\ncommunity-based probation services agency has not been established for the\nlocality, the local alcohol safety action program shall conduct the screening as\npart of the sentence.\n\nC. If the screening indicates that the person has a substance abuse or\ndependence problem, an assessment shall be completed and if the assessment\nconfirms that the person has a substance abuse or dependence problem, as a\ncondition of a suspended sentence and probation, the court shall order the\nperson to complete the substance abuse education and intervention component, or\nboth as appropriate, of the local alcohol safety action program or such other\nagency providing treatment programs or services, if available, such as in the\nopinion of the court would be best suited to the needs of the person. If the\nreferral is to the local alcohol safety action program, the program may charge a\nfee for the education and intervention component, or both, not to exceed $300,\nbased upon the defendant’s ability to pay.\n\nHISTORY: 1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 958, 980, 1040; 2007,\nc. 133; 2008, c. 762.","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}}