                                 CODE OF VIRGINIA

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 (§ 4.1-1120)

A. Whenever any person who has not previously been convicted of any offense
under this subtitle pleads guilty to or enters a plea of not guilty to an
offense under this subtitle, the court, upon such plea if the facts found by the
court would justify a finding of guilt, without entering a judgment of guilt and
with the consent of the accused, may defer further proceedings and place the
accused on probation upon terms and conditions.

B. As a term or condition, the court shall require the accused to undergo a
substance abuse assessment pursuant to &#xA7; 19.2-299.2 and enter treatment or
an education program or services, or any combination thereof, if available, such
as, in the opinion of the court, may be best suited to the needs of the accused
based upon consideration of the substance abuse assessment. The program or
services may be located in the judicial district in which the charge is brought
or in any other judicial district as the court may provide. The services shall
be provided by (i) a program licensed by the Department of Behavioral Health and
Developmental Services, or a similar program that is made available through the
Department of Corrections; (ii) a local community-based probation services
agency established pursuant to &#xA7; 9.1-174; or (iii) an alcohol safety action
program (ASAP) certified by the Commission on the Virginia Alcohol Safety Action
Program (VASAP).

C. The court shall require the person entering such program under the provisions
of this section to pay all or part of the costs of the program, including the
costs of the screening, assessment, testing, and treatment, based upon the
accused&#8217;s ability to pay, unless the person is determined by the court to
be indigent.

D. As a condition of probation, the court shall require the accused (i) to
successfully complete treatment or education programs or services, (ii) to
remain drug-free and alcohol-free during the period of probation and submit to
such tests during that period as may be necessary and appropriate to determine
if the accused is drug-free and alcohol-free, (iii) to make reasonable efforts
to secure and maintain employment, and (iv) to comply with a plan of up to 24
hours of community service. Such testing shall be conducted by personnel of the
supervising probation agency or personnel of any program or agency approved by
the supervising probation agency.

E. Upon violation of a term or condition, the court may enter an adjudication of
guilt and proceed as otherwise provided. Upon fulfillment of the terms and
conditions, the court shall discharge the person and dismiss the proceedings
against him. Discharge and dismissal under this section shall be without
adjudication of guilt and is a conviction only for the purposes of applying this
section in subsequent proceedings.

F. When any juvenile is found to have committed a violation of subsection A, the
disposition of the case shall be handled according to the provisions of Article
9 (&#xA7; 16.1-278 et seq.) of Chapter 11 of Title 16.1.

HISTORY: 2021, Sp. Sess. I, cc. 550, 551.