2006 Code of Virginia § 53.1-40.8 - Fees and expenses

53.1-40.8. Fees and expenses.

A. Any special justice, as defined in 37.2-100, and any district courtsubstitute judge who presides over hearings pursuant to the provisions of 53.1-40.1 and 53.1-40.2 shall receive a fee as provided in 37.2-804 foreach commitment hearing under 53.1-40.2 and each proceeding under 53.1-40.1 ruling on competency or treatment and his necessary mileage.However, if the commitment hearing under 53.1-40.2 and the proceeding under 53.1-40.1 are combined for hearing or are heard on the same day, only onefee shall be allowed.

B. Every physician or clinical psychologist who is not regularly employed bythe Commonwealth of Virginia who is required to serve as a witness for theCommonwealth in any proceeding under this article shall receive a fee asprovided in 37.2-804 for each commitment hearing in which he serves. Otherwitnesses regularly summoned before a judge under the provisions of thisarticle shall receive such compensation for their attendance and mileage asis allowed witnesses summoned to testify before grand juries.

C. Every attorney appointed under this article shall receive a fee asprovided in 37.2-804 for each commitment hearing under 53.1-40.2 and eachproceeding under 53.1-40.1 for which he is appointed. However, if thecommitment hearing under 53.1-40.2 and the proceeding under 53.1-40.1 arecombined for hearing or are heard on the same day, only one fee shall beallowed.

D. Except as hereinafter provided, all expenses incurred, including the fees,attendance, and mileage aforesaid, shall be paid by the Commonwealth. Anysuch fees, costs, and expenses incurred in connection with an examination orhearing for an admission pursuant to 53.1-40.2 or in connection with aproceeding under 53.1-40.1, when paid by the Commonwealth, shall berecoverable by the Commonwealth from the prisoner who is the subject of theexamination, hearing, or proceeding or from his estate. Such collection orrecovery may be undertaken by the Department. All such fees, costs, andexpenses, if collected or recovered by the Department, shall be refunded tothe Commonwealth. No such fees or costs shall be recovered, however, from theprisoner or his estate when no good cause for his admission exists or whenthe recovery would create an undue financial hardship.

(1988, c. 873; 1990, c. 221; 2005, c. 716.)