2006 Code of Virginia § 37.2-907 - Right to assistance of experts; compensation
37.2-907. Right to assistance of experts; compensation.
A. Any person who is the subject of a petition under this chapter shall have,prior to trial, the right to employ experts at his own expense to performexaminations and testify on his behalf. However, if a person has not employedan expert and requests expert assistance, the judge shall appoint suchexperts as he deems necessary to perform examinations and participate in thetrial on the person's behalf. Any expert appointed to assist the person onmatters relating to the person's mental health, including examination,evaluation, diagnosis, and treatment, shall have the qualifications requiredby subsection B of 37.2-904. Any expert employed to assist the person onmatters relating to the person's mental health shall be a licensedpsychiatrist or licensed clinical psychologist who is skilled in thediagnosis and treatment of mental abnormalities and disorders associated withsex offenders and who is not a member of the CRC. Any expert employed orappointed pursuant to this section shall have reasonable access to allrelevant medical and psychological records and reports pertaining to theperson he has been employed or appointed to assist.
B. Each psychiatrist, psychologist, or other expert appointed by the court torender professional service pursuant to this chapter who is not regularlyemployed by the Commonwealth, except by the University of Virginia School ofMedicine and the Virginia Commonwealth University School of Medicine, shallreceive a reasonable fee for such service. The fee shall be determined ineach instance by the court that appointed the expert, in accordance withguidelines established by the Supreme Court after consultation with theDepartment. The fee shall not exceed $5,000. However, in addition, if anysuch expert is required to appear as a witness in any hearing held pursuantto this chapter, he shall receive mileage and a fee of $750 for each dayduring which he is required to serve. An itemized account of expenses, dulysworn to, must be presented to the court, and, when allowed, shall becertified to the Supreme Court for payment out of the state treasury, andshall be charged against the appropriations made to pay criminal charges.Allowance for the fee and for the per diem authorized shall also be made byorder of the court, duly certified to the Supreme Court, for payment out ofthe appropriation to pay criminal charges.
(1999, cc. 946, 985, 37.1-70.8; 2001, c. 776; 2004, c. 764; 2005, c. 716;2006, cc. 863, 914.)
