2006 Code of Virginia § 37.2-804 - Fees and expenses

37.2-804. Fees and expenses.

A. Any special justice, or any district court substitute judge who presidesover hearings pursuant to the provisions of 37.2-809 through 37.2-820,shall receive a fee of $86.25 for each commitment hearing for involuntaryadmission and his necessary mileage and $43.25 for each certification hearingand each order under Chapter 11 ( 37.2-1100 et seq.) ruling on competency ortreatment and his necessary mileage.

B. Any physician, psychologist or other mental health professional, or anyinterpreter, appointed pursuant to 37.2-802 for persons who are deaf, whois not regularly employed by the Commonwealth and is required to serve as awitness or as an interpreter in any proceeding under this chapter shallreceive a fee of $75 and his necessary expenses for each commitment hearingfor involuntary admission in which he serves and $43.25 and necessaryexpenses for each certification hearing in which he serves.

C. Other witnesses regularly summoned before a judge or special justice underthe provisions of this chapter shall receive the compensation for theirattendance and mileage that is allowed witnesses summoned to testify beforegrand juries.

D. Every attorney appointed under 37.2-806 or 37.2-809 through 37.2-820shall receive a fee of $75 and his necessary expenses for each commitmenthearing for involuntary admission and $43.25 and his necessary expenses foreach certification hearing and each proceeding under Chapter 11 ( 37.2-1100et seq.).

E. Except as hereinafter provided, all expenses incurred, including the fees,attendance, and mileage aforesaid, shall be paid by the Commonwealth. Whenany such fees, costs, and expenses, incurred in connection with anexamination or hearing for an admission pursuant to 37.2-806 or 37.2-809through 37.2-820, to carry out the provisions of this chapter or inconnection with a proceeding under Chapter 11 ( 37.2-1100 et seq.), are paidby the Commonwealth, they shall be recoverable by the Commonwealth from theperson who is the subject of the examination, hearing, or proceeding or fromhis estate. Collection or recovery may be undertaken by the Department. Whenthe fees, costs, and expenses are collected or recovered by the Department,they shall be refunded to the Commonwealth. No fees or costs shall berecovered, however, from the person who is the subject of the examination orhearing or his estate when no good cause for his admission exists or when therecovery would create an undue financial hardship.

(Code 1950, 37-75; 1950, pp. 906, 1596; 1954, c. 194; 1956, c. 445; 1958,c. 346; 1962, c. 20; 1964, c. 640; 1968, c. 477, 37.1-89; 1970, c. 673;1975, c. 197; 1976, cc. 374, 459, 671; 1977, c. 674; 1979, c. 204; 1982, c.454; 1989, c. 591; 1991, c. 86; 1995, c. 844; 1996, c. 893; 1997, c. 921;1998, c. 455; 2005, c. 716.)