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1999 SESSION

993804430
HOUSE BILL NO. 2194
Offered January 20, 1999
A BILL to amend and reenact § 19.2-299.2 of the Code of Virginia, relating to alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions.
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Patrons-- Rhodes, Barlow, Baskerville, Cantor, Grayson, Jones, D.C., McEachin and Reid; Senators: Marsh, Stosch and Watkins
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That § 19.2-299.2 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-299.2. Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions.

A. When a person is convicted of (i) any offense committed on or after July 1, 1999, 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 is punishable as a Class 1 misdemeanor or (ii) a second or subsequent offense committed on or after July 1, 1998, in violation of § 18.2-266 or an ordinance of a county, city or town which is substantially similar to § 18.2-266, or any combination thereof, within five years of a prior such offense for which he was convicted and the court orders the person to enter an alcohol safety action program pursuant to § 18.2-271.1, the court shall order the person to undergo a substance abuse screening and assessment.

The court may order such screening and assessment upon conviction of any other Class 1 misdemeanor if the court has reason to believe the defendant has a substance abuse or dependence problem.

B. A substance abuse screening and assessment ordered pursuant to this section shall be conducted by the local alcohol safety action program or local community services board, in conjunction with and pursuant to an agreement with the community corrections program established pursuant to Article 2 (§ 53.1-180 et seq.) of Chapter 5 of Title 53.1. However, if a community corrections program has not been established for the locality, the local alcohol safety action program shall conduct the screening and assessment.

C. If the screening and assessment identifies the person as having a substance abuse or dependence problem, as a condition of a suspended sentence and probation, the court shall order the person to complete the substance abuse education and intervention component, or both as appropriate, of the local alcohol safety action program or such other treatment program, if available, such as in the opinion of the court would be best suited to the needs of the person. If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based upon the defendant's ability to pay.