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2009 SESSION
091514866Be it enacted by the General Assembly of Virginia:
1. That § 18.2-57.3 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge.
A. When a person is charged with a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section.
When a person who is no younger than 18 years of
age or who is considered B. For a person to
be eligible for such deferral, the court shall find that (i) the
person was an adult at the time of the proceeding and
who commission of the offense, (ii) the
person has not previously been convicted of any offense under this
article or under any statute of the United States or of any state or any
ordinance of any local government relating to assault and battery against a
family or household member or,
(iii) the person has not previously had a
proceeding against him for violation of such an offense dismissed as provided
in this section, (iv) the person pleads guilty to, or enters a plea of not
guilty to the
evidence is sufficient
to find the person
guilty of, a violation of § 18.2-57.2,
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 him on local
community-based probation upon terms and conditions,
and (v) the person consents to such
deferral.
As a term or condition, the court may, where
assessment or evaluation services are available, require the accused to be
assessed or evaluated and, based on the results of the assessment or
evaluation, require the accused to enter an education or treatment program or
services indicated by the assessment or evaluation, if available. The court,
when assessment or evaluation services are not available, may require education
or treatment services such as, in the opinion of the court, may be best suited
to the needs of the accused.
C. Where a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1 is available, the court shall order that the eligible person be placed with such agency and require, as a condition of local community-based probation, the person to successfully complete all treatment, education programs or services, or any combination thereof indicated by an assessment or evaluation obtained by the local community-based probation services agency if such assessment, treatment or education services are available.
Where such a local community-based probation services agency is not available, the court may require successful completion of treatment, education programs or services, or any combination thereof, such as, in the opinion of the court, may be best suited to the needs of the person.
D. The
court shall require the person entering such education or treatment program or
services under the provisions of this section to pay all or part of contribute to the costs of the program or services, including the
costs of any assessment, evaluation, testing, education and treatment, based
upon the accused's person's ability to pay unless
the person is determined by the court to be indigent. Such
programs or services shall offer a sliding-scale fee
structure or other mechanism to assist participants who are unable to pay the
full costs of the required programs or services.
Following the finding of facts that would justify a
finding of guilt, the court may order the defendant be placed with a local
community-based probation services agency established pursuant to Article 9 (§
9.1-173 et seq.) of Chapter 1 of Title 9.1, if such a services agency is
available. As a condition of local community-based probation, if available, the The court shall require
the accused to successfully complete all treatment and/or education programs or
services required by the assessment or evaluation and order the person to be of good behavior during the period of
supervised probation and for a period of not less than for a total period of two years following the completion of
probation deferral of proceedings, including the period of
supervised probation, if available.
The court shall order the defendant to be of good
behavior for a period of not less than two years following the finding of facts
that would justify a finding of guilt when no supervised probation is ordered.
The court shall, unless done at arrest, order the accused person to report to the original arresting law-enforcement agency
to submit to fingerprinting.
Upon violation of a term or condition of supervised
probation or of the period of good behavior, the court may enter an
adjudication of guilt and proceed as otherwise provided. E. Upon
fulfillment of the terms and conditions specified in the
court order, 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. As such, no No
charges dismissed pursuant to this section shall be eligible for expungement
under § 19.2-392.2.
F. Upon violation of a term or condition of supervised probation or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided by law.
G. Notwithstanding
any other provision of this section, whenever a court places an
individual a person on probation upon terms and
conditions pursuant to this section, such action shall be treated as a
conviction for purposes of § 18.2-308.