19980714 1998-23ORDINANCE NO. 1998-
AN ORDINANCE AMENDING AND REENACTING SECTION
14-20.2, ARTICLE I, CHAPTER 14, OF THE
CODE OF THE CITY OF FltIRFAX, VIRGINIA,
CONCERNING PERSONS CHARGED WITH FIRST OFFENSE
MAY BE PLACED ON PROBATION; CONDITIONS;
SCREENING, EVALUATIONS AND EDUCATION PROGRAMS;
DRUG TESTS; COSTS AND FEES; VIOLATIONS;
DISCHARGE
BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Section 14-20.2 of Article I, Chapter 14 of the Code
of the City of Fairfax is hereby amended and reenacted in its
entirety to read as follows:
Sec. 14-20-2. Same--Persons charged with first offense may be
placed on probation; conditions; screening, evaluation and
education programs; drug tests; costs and fees; violations;
discharge.
Whenever any person who has not previously been convicted of a
violation of ~ection 14-20.1 of Article I, Chapter 14 of the Code
of the City of Fairfax or Section 14-20.3 of Article II, Chapter 14
of the Code of the City of Fairfax or under Article 1 of Chapter 7
(sec. 18-2-247 et seq.) of the 1950 Code of Virginia, as amended,
or under any statute of the United States or of any state relating
to narcotic drugs, marijuana, or stimulant, depressant, or
hallucinogenic drugs, or has not previously had a proceeding
against him for violation of such an offense dismissed as provided
in this section, or section 18.2-251 of the 1950 Code of Virginia,
as amended, pleads guilty to or enters a plea of not guilty to
possession of marijuana under Section 14.20.1 of Article I, Chapter
14 of the Code of the City of Fairfax, or possession of a
controlled substance under Section 14-20.3 of Article I, Chapter
14 of the Code of the City of Fairfax, 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 probation
upon terms and conditions. As a term or condition, the court
shall require the accused to be evaluated and enter a treatment
and/or education program, if available, such as, in the opinion of
the court, may be best suited to the needs of the accused. This
program may be located in the judicial district in which the charge
1998-23
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is brought or in any other judicial district as the court may
provide. The services shall be provided by a program certified o~
licensed by the Department of Mental Health, Mental Retardation and
Substance Abuse Services.
The court shall require the perso~
entering such program under the provisions of this section to pay
all or part of the cost of the program, including the costs of tho
screening, evaluation, testing, and treatment, based upon th~
accused's ability to pay, unless the person is determined by th~
court to be indiqent.
As a condition of probation, the court shall require the
accused to remain drug-free during the period of probation and
submit to such tests during that period as may be necessary an~-;
appropriate to determine if the accused is druq-free. Such testing
~ay be conducted by personnel of any program to which the person i:~
referred or by the supervising agency.
The court shall, unless done at arrest, order the accused t~
;eport to the original arresting law enforcement agency to submil
to fingerprinting.
Upon violation of a term or condition, the court may enter an
adjudication of guilt and proceed as otherwise provided. Upon
fulfillment of the terms and conditions, 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 purpose of applying this section
or section 18.2-251 of the 1950 Code of Virginia, as amended, in
subsequent proceedings.
2. This ordinance shall become effective at 12:01 a.m. on July
15, 1998.
INTRODUCED :
PUBLIC HEARING :
June 23, 1998
Jul.y 14, 1998
ADOPTED : July 14, 1998
VOTE:
Councilman Coughlan aye
Councilman Greenfield absent
Councilman Lederer aye
Councilman Petersen aye
Councilman Rasmussen aye
Councilman Silverthorne aye
1998-23
ATTEST:
MAYOR
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