1983 Ordinances - Laserfiche WebLink

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Whenever any person who has not previously been convicted of any offense under this article or under any statute of this State, or ordinance of this City, ~elating to narcotic drugs, ma~juan&, dr stimutant,~epressant, or hallucinog~ni~'dru~s, or has not previously had a proceeding against him for vio- lation of such an offense dismissed as provided in this section, pleads guilty to, or enters a plea of not guilty to possession of a controlled substance under ~21-10 of the Code of the City of Portsmouth, or to the possession of marijuana under this chapter of the Portsmouth City Code, the Court¥ upon such plea if the facts found by the Court would justify~ 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 may require the accused to enter a screening, evaluation and 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 3ud±cial district in which the charge is brought, or in any other judicial district as the Court may provide. Each such program shall be certified by the Department of Mental Health and Mental Retardation. The Court shall require the person entering such program under the provisions of this section to pay a fee of not less than fifty ($50.00) dollars nor more than seventy-five ($75.00) dollars. As a condition of probation, the Court shall require the accused to remain drug free during the period of pro~ation and may require the defendant to submit to such tests during that per~od as may be necessary and appropriate to determine if the accused is drug free. Such testing may be conducted by personnel of any screening, evaluation and education program to which the person is referred. The cost of such testing may be charged to the person in addition to the fee for the education program. Upon violation of a term or condition, the Court may enter adjudication of guilt and proceed as otherwise pro- vided. Upon fulfillment of the terms and conditions, the Court shall discharge the person and disc±ss 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. Section 21-18. Possession or distribution of drug parphernal±a; meaning of drug parpher- nalia; evidence; section inapplicable to certain ~ersons.