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of the United States or of any state relating to narcotic drugs, <br />marihuana, or stimulant, depressant, or hallucinogenic drugs, <br />or has not previously had a proceeding against him for viola- <br />tion of such an offense dismissed as provided in this section, <br />pleads guilty to or is found guilty of possession of a controlled <br />substance under subsection (a) hereof, the court, without enter- <br />ing a judgment of guilt and with the consent of the accused, <br />may defer further proceedings and place him on probation upon <br />terms and conditions. Upon violation of a term or condition, <br />the court may enter an adjudication of guilt and proceed as <br />otherwise provided. Upon fulfillment of the terms and condi- <br />tions, the court shall discharge the person and dismiss the pro- <br />ceedings against him. Discharge and dismissal under this section <br />shall be without adjudication of guilt and is a conviction only <br />for the purposes of applying this section in subsequent proceed- <br />ings. <br /> <br />Section 19-13.2. Commitment of convicted person for treatment. <br /> <br /> The trial judge or cour~ trying the case of any person <br />alleged to have committed any offense designated by the preceding <br />section and determined by such judge or court to be in need of <br />treatment for the use of drugs may commit such person, upon his <br />conviction and with his consent and the consent of the receiving <br />institution to any facility for the treatment of persons for the <br />intemperate use of narcotic drugs or other stimulants, licensed <br />or supervised by the State t~spital Board, if space be available <br />in such facility, for a period of time not in excess of the maxi- <br />mum term of imprisonment specified as the penalty for conviction <br />of such offense or, if sentence be determined by a jury, not in <br />excess of the term of ~mprisonment as set by such jury. Confine- <br />ment under such commitment shall be, in all regards, treated as <br />confinement in a penal institution and the person so committed <br />may be convicted of escape if he leaves the place of commitment <br />without authority. The trial judge or court may revoke such <br />commitment, at any tlme, and transfer the person to an appro- <br />priate penal institution. Upon presentation of a certified <br />statement from the Commissioner of Mental Hygiene and Hospitals <br />to the effect that the confined person is cured, the judge or <br />court may release such confined person prior to the termination <br />of the period of time for which such person was confined and may <br />suspend the remainder of the term upon such conditions as the <br />court may prescribe. <br /> <br /> 2. This ordinance shall be effective from and after <br />June 12, 1973. <br /> <br /> Adopted by the Council of the City of Portsmouth, Vir-' <br />ginia, at a meeting held June 12, 1973. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br />-2- <br /> <br /> <br />