2006 Code of Virginia § 16.1-276.2 - Transportation orders in certain proceedings

16.1-276.2. Transportation orders in certain proceedings.

In any proceeding (i) pursuant to subdivisions 2, 4 or 5 of subsection A of 16.1-241, (ii) pursuant to subsections K or U of 16.1-241, (iii) involvinga child who is alleged to be abused or neglected, or (iv) involving a childwho is before the court pursuant to 16.1-281, 16.1-282 or 16.1-282.1, ifthe judge finds that the presence at a hearing of a prisoner in a state,local or regional correctional institution is essential to the justadjudication and disposition of the proceeding, the judge may issue an orderto the Director of the Department of Corrections or the administrator of thestate, local or regional correctional institution to deliver such witness tothe sheriff of the jurisdiction of the court issuing the order. Such ordersshall be executed in accordance with 8.01-410. Any such orders shall issueonly upon consideration of the importance of the personal appearance of theperson.

The party seeking the testimony of such prisoner shall advance a sumsufficient to defray the expenses and compensation of the officers, which thecourt shall tax as costs. When the party seeking the attendance of theprisoner is an agency of the Commonwealth or when the attendance is sought onmotion of the court, no sum shall be advanced to defray the expenses orcompensation of the correctional officers and sheriff nor shall any such sumbe taxed as costs.

(2001, c. 513.)