Code of Virginia

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Code of Virginia
Title 53.1. Prisons and Other Methods of Correction
Chapter 2. State Correctional Facilities
12/3/2021

§ 53.1-40.8. Fees and expenses.

A. Any special justice, as defined in § 37.2-100, and any district court substitute 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 for each 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 one fee shall be allowed.

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

C. Every attorney appointed under this article shall receive a fee as provided in § 37.2-804 for each commitment hearing under § 53.1-40.2 and each proceeding under § 53.1-40.1 for which he is appointed. 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 one fee shall be allowed.

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

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

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.