{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-804.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-804.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-804.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-804.html"}],"law_id":86844,"edition_id":1,"section_id":86844,"structure_id":15066,"section_number":"37.2-804","catch_line":"Fees and expenses","history":"Code 1950, \u00a7 37-75; 1950, pp. 906, 1596; 1954, c. 194; 1956, c. 445; 1958, c. 346; 1962, c. 20; 1964, c. 640; 1968, c. 477, \u00a7 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; 2007, cc. 500, 897; 2009, c. 266; 2010, cc. 340, 406; 2023, c. 231; 2024, c. 802.","full_text":"A\n\nAny special justice, any retired judge sitting by designation pursuant to § 16.1-69.35, or any district court substitute judge who presides over hearings pursuant to the provisions of §§ 37.2-809 through 37.2-820, Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1, or § 19.2-169.6 shall receive a fee of $120 for each hearing thereunder plus his necessary expenses, including mileage, parking, tolls, and postage, and $70 for each certification hearing and each order under Chapter 11 (§ 37.2-1100 et seq.) ruling on competency or treatment plus his necessary expenses, including mileage, parking, tolls, and postage.B\n\nAny physician, psychologist or other mental health professional, or any interpreter, appointed pursuant to § 37.2-802 for persons who are deaf, who is not regularly employed by the Commonwealth and is required to serve as a witness or as an interpreter in any proceeding under this chapter or § 19.2-169.6 shall receive a fee of $120 and his necessary expenses for each commitment hearing for involuntary admission in which he serves and $70 and necessary expenses for each certification hearing in which he serves.C\n\nOther witnesses regularly summoned before a judge or special justice under the provisions of this chapter shall receive the compensation for their attendance and mileage that is allowed witnesses summoned to testify before grand juries.D\n\nEvery attorney appointed under § 37.2-806 or §§ 37.2-809 through 37.2-820 shall receive a fee of $120 and his necessary expenses for each hearing thereunder and $70 and his necessary expenses for each certification hearing and each proceeding under Chapter 11 (§ 37.2-1100 et seq.).E\n\nExcept as hereinafter provided, all expenses incurred, including the fees, attendance, and mileage aforesaid, shall be paid by the Commonwealth. When any such fees, costs, and expenses, incurred in connection with an examination or hearing for an admission pursuant to § 37.2-806 or §§ 37.2-809 through 37.2-820, to carry out the provisions of this chapter or in connection with a proceeding under Chapter 11 (§ 37.2-1100 et seq.) or § 19.2-169.6, are paid by the Commonwealth, they shall be recoverable by the Commonwealth from the person who is the subject of the examination, hearing, or proceeding or from his estate. Collection or recovery may be undertaken by the Department. When the fees, costs, and expenses are collected or recovered by the Department, they shall be refunded to the Commonwealth. No fees or costs shall be recovered, however, from the person who is the subject of the examination or hearing or his estate when no good cause for his admission exists or when the recovery would create an undue financial hardship. Any necessary expenses incurred pursuant to subsection A, B, or D shall be paid in accordance with guidelines established by the Supreme Court of Virginia.","order_by":null,"text":{"0":{"id":310945,"text":"Any special justice, any retired judge sitting by designation pursuant to § 16.1-69.35, or any district court substitute judge who presides over hearings pursuant to the provisions of §§ 37.2-809 through 37.2-820, Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1, or § 19.2-169.6 shall receive a fee of $120 for each hearing thereunder plus his necessary expenses, including mileage, parking, tolls, and postage, and $70 for each certification hearing and each order under Chapter 11 (§ 37.2-1100 et seq.) ruling on competency or treatment plus his necessary expenses, including mileage, parking, tolls, and postage.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":310946,"text":"Any physician, psychologist or other mental health professional, or any interpreter, appointed pursuant to § 37.2-802 for persons who are deaf, who is not regularly employed by the Commonwealth and is required to serve as a witness or as an interpreter in any proceeding under this chapter or § 19.2-169.6 shall receive a fee of $120 and his necessary expenses for each commitment hearing for involuntary admission in which he serves and $70 and necessary expenses for each certification hearing in which he serves.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":310947,"text":"Other witnesses regularly summoned before a judge or special justice under the provisions of this chapter shall receive the compensation for their attendance and mileage that is allowed witnesses summoned to testify before grand juries.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":310948,"text":"Every attorney appointed under § 37.2-806 or §§ 37.2-809 through 37.2-820 shall receive a fee of $120 and his necessary expenses for each hearing thereunder and $70 and his necessary expenses for each certification hearing and each proceeding under Chapter 11 (§ 37.2-1100 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":310949,"text":"Except as hereinafter provided, all expenses incurred, including the fees, attendance, and mileage aforesaid, shall be paid by the Commonwealth. When any such fees, costs, and expenses, incurred in connection with an examination or hearing for an admission pursuant to § 37.2-806 or §§ 37.2-809 through 37.2-820, to carry out the provisions of this chapter or in connection with a proceeding under Chapter 11 (§ 37.2-1100 et seq.) or § 19.2-169.6, are paid by the Commonwealth, they shall be recoverable by the Commonwealth from the person who is the subject of the examination, hearing, or proceeding or from his estate. Collection or recovery may be undertaken by the Department. When the fees, costs, and expenses are collected or recovered by the Department, they shall be refunded to the Commonwealth. No fees or costs shall be recovered, however, from the person who is the subject of the examination or hearing or his estate when no good cause for his admission exists or when the recovery would create an undue financial hardship. Any necessary expenses incurred pursuant to subsection A, B, or D shall be paid in accordance with guidelines established by the Supreme Court of Virginia.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15066,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 03:51:56","date_modified":"2026-06-26 03:51:56","permalink":{"id":210259,"object_type":"structure","relational_id":15066,"identifier":"1","token":"37.2\/III\/8\/1","url":"\/37.2\/III\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12890,"edition_id":1,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210257,"object_type":"structure","relational_id":12890,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76779,"structure_id":15066,"section_number":"37.2-800","catch_line":"(Effective July 1, 2026). Applicability of chapter","url":"\/37.2-800\/","token":"37.2\/III\/8\/1\/37.2-800","metadata":false},{"id":63295,"structure_id":15066,"section_number":"37.2-801","catch_line":"Admission procedures; forms","url":"\/37.2-801\/","token":"37.2\/III\/8\/1\/37.2-801","metadata":false},{"id":66636,"structure_id":15066,"section_number":"37.2-802","catch_line":"Interpreters in admission or certification proceedings","url":"\/37.2-802\/","token":"37.2\/III\/8\/1\/37.2-802","metadata":false},{"id":84291,"structure_id":15066,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","url":"\/37.2-803\/","token":"37.2\/III\/8\/1\/37.2-803","metadata":false},{"id":86844,"structure_id":15066,"section_number":"37.2-804","catch_line":"Fees and expenses","url":"\/37.2-804\/","token":"37.2\/III\/8\/1\/37.2-804","metadata":false},{"id":77215,"structure_id":15066,"section_number":"37.2-804.1","catch_line":"Use of electronic communication","url":"\/37.2-804.1\/","token":"37.2\/III\/8\/1\/37.2-804.1","metadata":false},{"id":57446,"structure_id":15066,"section_number":"37.2-804.2","catch_line":"(Effective July 1, 2026) Disclosure of records","url":"\/37.2-804.2\/","token":"37.2\/III\/8\/1\/37.2-804.2","metadata":false}],"previous_section":{"id":84291,"structure_id":15066,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","url":"\/37.2-803\/","token":"37.2\/III\/8\/1\/37.2-803","metadata":false},"next_section":{"id":77215,"structure_id":15066,"section_number":"37.2-804.1","catch_line":"Use of electronic communication","url":"\/37.2-804.1\/","token":"37.2\/III\/8\/1\/37.2-804.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-804\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 24 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 194; in 1956, chapter 445; in 1958, chapter 346; in 1962, chapter 20; in 1964, chapter 640; in 1968, chapter 477; in 1970, chapter 673; in 1975, chapter 197; in 1976, chapters 374, 459, and 671; in 1977, chapter 674; in 1979, chapter 204; in 1982, chapter 454; in 1989, chapter 591; in 1991, chapter 86; in 1995, chapter 844<\/a>; in 1996, chapter 893<\/a>; in 1997, chapter 921<\/a>; in 1998, chapter 455<\/a>; in 2005, chapter 716<\/a>; in 2007, chapters 500<\/a> and 897<\/a>; in 2009, chapter 266<\/a>; in 2010, chapters 340<\/a> and 406<\/a>; in 2023, chapter 231<\/a>; in 2024, chapter 802<\/a>.<\/p>","references":[{"id":75459,"section_number":"16.1-340","catch_line":"Emergency custody; issuance and execution of order","order_by":null,"url":"\/16.1-340\/"},{"id":68740,"section_number":"16.1-340.1","catch_line":"Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/16.1-340.1\/"},{"id":57843,"section_number":"16.1-347","catch_line":"Fees and expenses for qualified evaluators","order_by":null,"url":"\/16.1-347\/"},{"id":68748,"section_number":"16.1-69.44","catch_line":"Salaries of judges","order_by":null,"url":"\/16.1-69.44\/"},{"id":60379,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","order_by":null,"url":"\/37.2-1101\/"},{"id":73879,"section_number":"37.2-1107","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-1107\/"},{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","order_by":null,"url":"\/37.2-808\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"},{"id":56768,"section_number":"53.1-133.05","catch_line":"Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses","order_by":null,"url":"\/53.1-133.05\/"},{"id":62432,"section_number":"53.1-40.8","catch_line":"Fees and expenses","order_by":null,"url":"\/53.1-40.8\/"}],"refers_to":[{"id":74549,"section_number":"16.1-335","catch_line":"Short title","order_by":null,"url":"\/16.1-335\/"},{"id":74349,"section_number":"16.1-69.35","catch_line":"Administrative duties of chief district judge","order_by":null,"url":"\/16.1-69.35\/"},{"id":74002,"section_number":"19.2-169.6","catch_line":"Inpatient psychiatric hospital admission from local correctional facility","order_by":null,"url":"\/19.2-169.6\/"},{"id":83720,"section_number":"37.2-1100","catch_line":"Definitions","order_by":null,"url":"\/37.2-1100\/"},{"id":66636,"section_number":"37.2-802","catch_line":"Interpreters in admission or certification proceedings","order_by":null,"url":"\/37.2-802\/"},{"id":56013,"section_number":"37.2-806","catch_line":"Judicial certification of eligibility for admission of persons with intellectual disability","order_by":null,"url":"\/37.2-806\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":78780,"section_number":"37.2-820","catch_line":"Place of hearing","order_by":null,"url":"\/37.2-820\/"}],"permalink":{"id":210277,"object_type":"law","relational_id":86844,"identifier":"37.2-804","token":"37.2\/III\/8\/1\/37.2-804","url":"\/37.2-804\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-804\/","token":"37.2\/III\/8\/1\/37.2-804","dublin_core":{"Title":"Fees and expenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-804","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any special justice<\/span>, any retired judge<\/span> sitting by designation pursuant to § 16.1-69.35<\/a>, or any district court<\/span> substitute judge<\/span> who presides over hearings<\/span> pursuant to the provisions of §§ 37.2-809<\/a> through 37.2-820<\/a>, Article 16 (§ 16.1-335<\/a> et seq.) of Chapter 11 of Title 16.1, or § 19.2-169.6<\/a> shall receive a fee of $120 for each hearing<\/span> thereunder plus his necessary expenses, including mileage, parking, tolls, and postage, and $70 for each certification hearing<\/span> and each order<\/span> under Chapter 11 (§ 37.2-1100<\/a> et seq.) ruling on competency or treatment plus his necessary expenses, including mileage, parking, tolls, and postage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any physician, psychologist or other mental health professional, or any interpreter, appointed pursuant to § 37.2-802<\/a> for persons who are deaf, who is not regularly employed by the Commonwealth and is required to serve as a witness<\/span> or as an interpreter in any proceeding under this chapter or § 19.2-169.6<\/a> shall receive a fee of $120 and his necessary expenses for each commitment hearing<\/span> for involuntary admission in which he serves and $70 and necessary expenses for each certification hearing<\/span> in which he serves. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Other witnesses regularly summoned before a judge<\/span> or special justice<\/span> under the provisions of this chapter shall receive the compensation for their attendance and mileage that is allowed witnesses summoned to testify before grand juries. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Every attorney appointed under § 37.2-806<\/a> or §§ 37.2-809<\/a> through 37.2-820<\/a> shall receive a fee of $120 and his necessary expenses for each hearing<\/span> thereunder and $70 and his necessary expenses for each certification hearing<\/span> and each proceeding under Chapter 11 (§ 37.2-1100<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Except as hereinafter provided, all expenses incurred, including the fees, attendance, and mileage aforesaid, shall be paid by the Commonwealth. When any such fees, costs, and expenses, incurred in connection with an examination or hearing<\/span> for an admission pursuant to § 37.2-806<\/a> or §§ 37.2-809<\/a> through 37.2-820<\/a>, to carry out the provisions of this chapter or in connection with a proceeding under Chapter 11 (§ 37.2-1100<\/a> et seq.) or § 19.2-169.6<\/a>, are paid by the Commonwealth, they shall be recoverable by the Commonwealth from the person who is the subject of the examination, hearing<\/span>, or proceeding or from his estate. Collection or recovery may be undertaken by the Department<\/span>. When the fees, costs, and expenses are collected or recovered by the Department<\/span>, they shall be refunded to the Commonwealth. No fees or costs shall be recovered, however, from the person who is the subject of the examination or hearing<\/span> or his estate when no good cause for his admission exists or when the recovery would create an undue financial hardship. Any necessary expenses incurred pursuant to subsection A, B, or D shall be paid in accordance with guidelines established by the Supreme Court<\/span> of Virginia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFEES AND EXPENSES (\u00a7 37.2-804)\n\nA. Any special justice, any retired judge sitting by designation pursuant to\n§ 16.1-69.35, or any district court substitute judge who presides over\nhearings pursuant to the provisions of §§ 37.2-809 through 37.2-820,\nArticle 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1, or §\n19.2-169.6 shall receive a fee of $120 for each hearing thereunder plus his\nnecessary expenses, including mileage, parking, tolls, and postage, and $70 for\neach certification hearing and each order under Chapter 11 (§ 37.2-1100 et\nseq.) ruling on competency or treatment plus his necessary expenses, including\nmileage, parking, tolls, and postage.\n\nB. Any physician, psychologist or other mental health professional, or any\ninterpreter, appointed pursuant to § 37.2-802 for persons who are deaf, who\nis not regularly employed by the Commonwealth and is required to serve as a\nwitness or as an interpreter in any proceeding under this chapter or §\n19.2-169.6 shall receive a fee of $120 and his necessary expenses for each\ncommitment hearing for involuntary admission in which he serves and $70 and\nnecessary expenses for each certification hearing in which he serves.\n\nC. Other witnesses regularly summoned before a judge or special justice under\nthe provisions of this chapter shall receive the compensation for their\nattendance and mileage that is allowed witnesses summoned to testify before\ngrand juries.\n\nD. Every attorney appointed under § 37.2-806 or §§ 37.2-809\nthrough 37.2-820 shall receive a fee of $120 and his necessary expenses for each\nhearing thereunder and $70 and his necessary expenses for each certification\nhearing and each proceeding under Chapter 11 (§ 37.2-1100 et seq.).\n\nE. Except as hereinafter provided, all expenses incurred, including the fees,\nattendance, and mileage aforesaid, shall be paid by the Commonwealth. When any\nsuch fees, costs, and expenses, incurred in connection with an examination or\nhearing for an admission pursuant to § 37.2-806 or §§ 37.2-809\nthrough 37.2-820, to carry out the provisions of this chapter or in connection\nwith a proceeding under Chapter 11 (§ 37.2-1100 et seq.) or §\n19.2-169.6, are paid by the Commonwealth, they shall be recoverable by the\nCommonwealth from the person who is the subject of the examination, hearing, or\nproceeding or from his estate. Collection or recovery may be undertaken by the\nDepartment. When the fees, costs, and expenses are collected or recovered by the\nDepartment, they shall be refunded to the Commonwealth. No fees or costs shall\nbe recovered, however, from the person who is the subject of the examination or\nhearing or his estate when no good cause for his admission exists or when the\nrecovery would create an undue financial hardship. Any necessary expenses\nincurred pursuant to subsection A, B, or D shall be paid in accordance with\nguidelines established by the Supreme Court of Virginia.\n\nHISTORY: Code 1950, \u00a7 37-75; 1950, pp. 906, 1596; 1954, c. 194; 1956, c. 445;\n1958, c. 346; 1962, c. 20; 1964, c. 640; 1968, c. 477, \u00a7 37.1-89; 1970, c. 673;\n1975, c. 197; 1976, cc. 374, 459, 671; 1977, c. 674; 1979, c. 204; 1982, c. 454;\n1989, c. 591; 1991, c. 86; 1995, c. 844; 1996, c. 893; 1997, c. 921; 1998, c.\n455; 2005, c. 716; 2007, cc. 500, 897; 2009, c. 266; 2010, cc. 340, 406; 2023,\nc. 231; 2024, c. 802.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}