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2000 SESSION
002333216Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-273, 18.2-251.01 and 19.2-123 of the Code of Virginia are amended and reenacted as follows:
§ 16.1-273. Court may require investigation of social history and preparation of victim impact statement.
A. When a juvenile and domestic relations district court or circuit court has
adjudicated any case involving a child subject to the jurisdiction of the court
hereunder, except for a traffic violation, a violation of the game and fish law
or a violation of any city ordinance regulating surfing or establishing curfew
violations, the court before final disposition thereof may require an
investigation, which (i) shall include a drug screening and (ii) may include
the physical, mental and social conditions, including an assessment of any
affiliation with a youth gang as defined in § 16.1-299.2, and personality of
the child and the facts and circumstances surrounding the violation of law.
However, in the case of a juvenile adjudicated delinquent on the basis of an
act committed on or after January 1, 2000, which would be a felony if committed
by an adult, or a violation 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 would be
punishable as a Class 1 or Class 2 misdemeanor if committed by an adult, the court
shall order the juvenile to undergo a drug screening. If the drug screening
indicates that the juvenile has a substance abuse or dependence problem, an
assessment shall be completed by a certified substance abuse counselor as
defined in § 54.1-3500 or by an individual specifically trained to conduct such
assessments under the supervision of such counselor, employed by the Department
of Juvenile Justice or by a locally operated court services unit or by an
agency employee under the direct supervision of such a counselor under
contract to the Department of Juvenile Justice or locally operated court services unit
with staff specifically trained to conduct such assessments.
B. The court also shall, on motion of the attorney for the Commonwealth with the consent of the victim, or may in its discretion, require the preparation of a victim impact statement in accordance with the provisions of § 19.2-299.1 if the court determines that the victim may have suffered significant physical, psychological or economic injury as a result of the violation of law.
§ 18.2-251.01. Substance abuse screening and assessment for felony convictions.
A. When a person is convicted of a felony, not a capital offense, 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 §
54.1-3500 employed by the Department of Corrections or by an agency employee under
the direct supervision of such counselor. If the person is determined to have a
substance abuse problem, the court shall require him to enter a treatment
and/or education program, if available, which, in the opinion of the court, is
best suited to the needs of the person. This program 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 shall
be certified or licensed by the Department of Mental Health, Mental Retardation
and Substance Abuse Services or shall be a similar program which is made available through
the Department of Corrections. The court shall program may require the person
entering such program under the provisions of this section to pay all or part
of the costs of the program or treatment, excluding the costs of the screening and
assessment, based upon the person's a fee for the education and treatment
component, or both, based upon the defendant'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.
§ 19.2-123. Release of accused on unsecured bond or promise to appear; conditions of release.
A. Any judicial officer may impose any one or any combination of the following conditions of release:
1. Place the person in the custody and supervision of a designated person, organization or pretrial services agency which, for the purposes of this section, shall not include a court services unit established pursuant to § 16.1-233;
2. Place restrictions on the travel, association or place of abode of the person during the period of release and restrict contacts with household members for a period not to exceed seventy-two hours;
2a. Require the execution of an unsecured bond;
3. Require the execution of a secure bond which at the option of the accused shall be satisfied with sufficient solvent sureties, or the deposit of cash in lieu thereof. Only the actual value of any interest in real estate or personal property owned by the proposed surety shall be considered in determining solvency and solvency shall be found if the value of the proposed surety's equity in the real estate or personal property equals or exceeds the amount of the bond;
3a. Require that the person do any or all of the following: (i) maintain employment or, if unemployed, actively seek employment; (ii) maintain or commence an educational program; (iii) avoid all contact with an alleged victim of the crime and with any potential witness who may testify concerning the offense; (iv) comply with a specified curfew; (v) refrain from possessing a firearm, destructive device, or other dangerous weapon; (vi) refrain from excessive use of alcohol, or use of any illegal drug or any controlled substance not prescribed by a health care provider; and (vii) submit to testing for drugs and alcohol until the final disposition of his case; or
4. Impose any other condition deemed reasonably necessary to assure appearance as required, and to assure his good behavior pending trial, including a condition requiring that the person return to custody after specified hours or be placed on home electronic incarceration pursuant to § 53.1-131.2.
Upon satisfaction of the terms of recognizance, the accused shall be released forthwith.
In addition, where the accused is a resident of a state training center for the mentally retarded, the judicial officer may place the person in the custody of the director of the state facility, if the director agrees to accept custody. Such director is hereby authorized to take custody of such person and to maintain him at the training center prior to a trial or hearing under such circumstances as will reasonably assure the appearance of the accused for the trial or hearing.
B. In any jurisdiction served by a pretrial services agency which offers a drug
or alcohol screening or testing program approved for the purposes of this
subsection by the chief general district court judge, any such person charged with a crime
may be requested by such agency to give voluntarily a urine sample, submit to a
drug or alcohol screening, or take a breath test for presence of alcohol. ThisA
sample may be analyzed for the presence of phencyclidine (PCP), barbiturates,
cocaine, opiates or such other drugs as the agency may deem appropriate prior
to any hearing to establish bail. The judicial officer and agency shall inform
the accused or juvenile being screened or tested that test results shall be
used by a judicial officer only at a bail hearing and only to determine
appropriate conditions of release or to reconsider the conditions of bail at a
subsequent hearing. All screening or test results, and any pretrial
investigation report containing the screening or test results, shall be
confidential with access thereto limited to judicial officers, the attorney for the
Commonwealth, defense counsel, other pretrial service agencies, any criminal
justice agency as defined in § 9-169 and, in cases where a juvenile is screened
or tested, the parents or legal guardian or custodian of such juvenile.
However, in no event shall the judicial officer have access to any screening or
test result prior to making a bail release determination or to determining the
amount of bond, if any. Following this determination, the judicial officer shall
consider the screening or test results and the screening or testing agency's
report and accompanying recommendations, if any, in setting appropriate conditions of release. In no
event shall a decision regarding a release determination be subject to reversal on the sole basis of
such screening or test results. Any accused or juvenile whose urine sample has
tested positive for such drugs and who is admitted to bail may, as a condition of release,
be ordered to refrain from use of alcohol or illegal drugs and may be required
to be tested on a periodic basis until final disposition of his case to ensure
his compliance with the order. Sanctions for a violation of any condition of
release, which violations shall include subsequent positive drug or alcohol
test results or failure to report as ordered for testing, may be imposed in the
discretion of the judicial officer and may include imposition of more stringent conditions
of release, contempt of court proceedings or revocation of release. Any test
given under the provisions of this subsection which yields a positive drug or
alcohol test result shall be reconfirmed by a second test if the person tested
denies or contests the initial drug or alcohol test positive result. The
results of any drug or alcohol test conducted pursuant to this subsection shall
not be admissible in any judicial proceeding other than for the imposition of sanctions
for a violation of a condition of release.
C. [Repealed.]
D. Nothing in this section shall be construed to prevent an officer taking a juvenile into custody from releasing that juvenile pursuant to § 16.1-247. If any condition of release imposed under the provisions of this section is violated, a judicial officer may issue a capias or order to show cause why the recognizance should not be revoked.