                                 CODE OF VIRGINIA

COMMITMENT OF CONVICTED PERSON FOR TREATMENT FOR SUBSTANCE ABUSE (§ 18.2-254)

A. 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 &#xA7; 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 &#xA7; 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 &#xA7; 9.1-174, or an ASAP program certified by the Commission on
VASAP.

B. 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 (&#xA7;
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. The court trying a case in which commission of the criminal offense was
related to the defendant&#8217;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.

HISTORY: Code 1950, § 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.