                                 CODE OF VIRGINIA

SUSPENDED SENTENCE CONDITIONED UPON SUBSTANCE ABUSE SCREENING, ASSESSMENT,
TESTING, AND TREATMENT OR EDUCATION (§ 18.2-252)

The trial judge or court trying the case of any person found guilty of a
criminal violation of any law concerning the use, in any manner, of drugs,
controlled substances, narcotics, marijuana, noxious chemical substances and
like substances shall condition any suspended sentence by first requiring such
person to agree 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. Such testing shall be
conducted by the supervising probation agency or by personnel of any program or
agency approved by the supervising probation agency. The cost of such testing
ordered by the court shall be paid by the Commonwealth and taxed as a part of
the costs of such proceedings. The judge or court shall order the person, as a
condition of any suspended sentence, 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, 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.

HISTORY: Code 1950, § 54-524.101:4; 1973, c. 473; 1975, cc. 14, 15; 1979, c.
435; 1998, cc. 783, 840; 2000, cc. 1020, 1041; 2007, c. 133; 2009, cc. 813, 840;
2020, cc. 1285, 1286.