                                 CODE OF VIRGINIA

SUBSTANCE ABUSE SCREENING AND ASSESSMENT FOR FELONY CONVICTIONS (§ 18.2-251.01)

A. When a person is convicted of a felony, except a Class 1 felony, committed on
or after January 1, 2000, he shall be required to undergo a substance abuse
screening and, if the screening indicates a substance abuse or dependence
problem, an assessment by a certified substance abuse counselor as defined in
&#xA7; 54.1-3500 employed by the Department of Corrections or by an agency
employee under the supervision of such counselor. If the person is determined to
have a substance abuse problem, the court shall require him to enter treatment
and/or education program or services, if available, which, in the opinion of the
court, is best suited to the needs of the person. The program or services may be
located in the judicial district in which the conviction was had or in any other
judicial district as the court may provide. The treatment and/or education
program or services shall be licensed by the Department of Behavioral Health and
Developmental Services or shall be a similar program or services which are made
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 &#xA7;
9.1-174, or an ASAP program certified by the Commission on VASAP. The services
agency or program may require the person entering such program or services under
the provisions of this section to pay a fee for the education and treatment
component, or both, based upon the defendant&#8217;s ability to pay.

B. As a condition of any suspended sentence and probation, the court shall order
the person to undergo periodic testing and treatment for substance abuse, if
available, as the court deems appropriate based upon consideration of the
substance abuse assessment.

HISTORY: 1998, cc. 783, 840; 1999, cc. 891, 913; 2000, cc. 1020, 1041; 2007, c.
133; 2009, cc. 813, 840; 2021, Sp. Sess. I, cc. 344, 345.