{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-133.05.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-133.05.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-133.05.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-133.05.html"}],"law_id":56768,"edition_id":1,"section_id":56768,"structure_id":14854,"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","history":"2019, c. 809.","full_text":"A\n\nAny hearing held by a court pursuant to § 53.1-133.04 may be held in any courtroom available within the county or city wherein the prisoner is located or any appropriate place that may be made available by the sheriff or administrator in charge of a local or regional correctional facility and approved by the judge. Nothing herein shall be construed as prohibiting holding the hearing on the grounds of a correctional facility or a hospital or a facility for the care and treatment of individuals with mental illness.B\n\nAny special justice, as defined in § 37.2-100, and any district court substitute judge who presides over hearings pursuant to the provisions of § 53.1-133.04 shall receive a fee as provided in § 37.2-804 for each proceeding under § 53.1-133.04 and his necessary mileage. However, if a commitment hearing under § 19.2-169.6 and the proceeding under § 53.1-133.04 are combined for hearing or are heard on the same day, only one fee shall be allowed.C\n\nEvery physician or clinical psychologist who is not regularly employed by the Commonwealth who is required to serve as a witness for the Commonwealth in any proceeding under § 53.1-133.04 shall receive a fee as provided in § 37.2-804. Other witnesses regularly summoned before a judge shall receive such compensation for their attendance and mileage as is allowed witnesses summoned to testify before grand juries.D\n\nEvery attorney appointed under § 53.1-133.04 shall receive a fee as provided in § 37.2-804 for each proceeding under § 53.1-133.04 for which he is appointed. However, if a commitment hearing under § 19.2-169.6 and the proceeding under § 53.1-133.04 are combined for hearing or are heard on the same day, only one fee shall be allowed.E\n\nExcept 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 a proceeding under § 53.1-133.04, 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. 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.","order_by":null,"text":{"0":{"id":207733,"text":"Any hearing held by a court pursuant to § 53.1-133.04 may be held in any courtroom available within the county or city wherein the prisoner is located or any appropriate place that may be made available by the sheriff or administrator in charge of a local or regional correctional facility and approved by the judge. Nothing herein shall be construed as prohibiting holding the hearing on the grounds of a correctional facility or a hospital or a facility for the care and treatment of individuals with mental illness.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207734,"text":"Any special justice, as defined in § 37.2-100, and any district court substitute judge who presides over hearings pursuant to the provisions of § 53.1-133.04 shall receive a fee as provided in § 37.2-804 for each proceeding under § 53.1-133.04 and his necessary mileage. However, if a commitment hearing under § 19.2-169.6 and the proceeding under § 53.1-133.04 are combined for hearing or are heard on the same day, only one fee shall be allowed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":207735,"text":"Every physician or clinical psychologist who is not regularly employed by the Commonwealth who is required to serve as a witness for the Commonwealth in any proceeding under § 53.1-133.04 shall receive a fee as provided in § 37.2-804. Other witnesses regularly summoned before a judge shall receive such compensation for their attendance and mileage as 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":207736,"text":"Every attorney appointed under § 53.1-133.04 shall receive a fee as provided in § 37.2-804 for each proceeding under § 53.1-133.04 for which he is appointed. However, if a commitment hearing under § 19.2-169.6 and the proceeding under § 53.1-133.04 are combined for hearing or are heard on the same day, only one fee shall be allowed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":207737,"text":"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 a proceeding under § 53.1-133.04, 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. 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14854,"edition_id":1,"name":"Prisoner Programs and Treatment","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12847,"metadata":{},"date_created":"2026-06-26 03:50:24","date_modified":"2026-06-26 03:50:24","permalink":{"id":238767,"object_type":"structure","relational_id":14854,"identifier":"7","token":"53.1\/3\/7","url":"\/53.1\/3\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12847,"edition_id":1,"name":"Local Correctional Facilities","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":238281,"object_type":"structure","relational_id":12847,"identifier":"3","token":"53.1\/3","url":"\/53.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67418,"structure_id":14854,"section_number":"53.1-128","catch_line":"Workforces and authorized work places","url":"\/53.1-128\/","token":"53.1\/3\/7\/53.1-128","metadata":false},{"id":66959,"structure_id":14854,"section_number":"53.1-129","catch_line":"Order permitting prisoners to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners","url":"\/53.1-129\/","token":"53.1\/3\/7\/53.1-129","metadata":false},{"id":75473,"structure_id":14854,"section_number":"53.1-130","catch_line":"Sheriffs, jail superintendents, etc., not to be interested in property where work performed; penalty","url":"\/53.1-130\/","token":"53.1\/3\/7\/53.1-130","metadata":false},{"id":73492,"structure_id":14854,"section_number":"53.1-131","catch_line":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","url":"\/53.1-131\/","token":"53.1\/3\/7\/53.1-131","metadata":false},{"id":76097,"structure_id":14854,"section_number":"53.1-131.1","catch_line":"Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty","url":"\/53.1-131.1\/","token":"53.1\/3\/7\/53.1-131.1","metadata":false},{"id":73781,"structure_id":14854,"section_number":"53.1-131.2","catch_line":"Assignment to a home\/electronic incarceration program; payment to defray costs; escape; penalty","url":"\/53.1-131.2\/","token":"53.1\/3\/7\/53.1-131.2","metadata":false},{"id":76868,"structure_id":14854,"section_number":"53.1-131.3","catch_line":"Payment of costs associated with prisoners' keep","url":"\/53.1-131.3\/","token":"53.1\/3\/7\/53.1-131.3","metadata":false},{"id":61325,"structure_id":14854,"section_number":"53.1-132","catch_line":"Furloughs from local work release programs; penalty for violations","url":"\/53.1-132\/","token":"53.1\/3\/7\/53.1-132","metadata":false},{"id":85322,"structure_id":14854,"section_number":"53.1-133","catch_line":"Treatment of prisoner with contagious disease","url":"\/53.1-133\/","token":"53.1\/3\/7\/53.1-133","metadata":false},{"id":71557,"structure_id":14854,"section_number":"53.1-133.01","catch_line":"Medical treatment for prisoners","url":"\/53.1-133.01\/","token":"53.1\/3\/7\/53.1-133.01","metadata":false},{"id":81065,"structure_id":14854,"section_number":"53.1-133.01:1","catch_line":"Payment for bodily injury","url":"\/53.1-133.01_1\/","token":"53.1\/3\/7\/53.1-133.01_1","metadata":false},{"id":65258,"structure_id":14854,"section_number":"53.1-133.02","catch_line":"Notice to be given upon prisoner release, escape, etc","url":"\/53.1-133.02\/","token":"53.1\/3\/7\/53.1-133.02","metadata":false},{"id":64708,"structure_id":14854,"section_number":"53.1-133.03","catch_line":"Exchange of medical and mental health information and records","url":"\/53.1-133.03\/","token":"53.1\/3\/7\/53.1-133.03","metadata":false},{"id":59293,"structure_id":14854,"section_number":"53.1-133.04","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","url":"\/53.1-133.04\/","token":"53.1\/3\/7\/53.1-133.04","metadata":false},{"id":56768,"structure_id":14854,"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","url":"\/53.1-133.05\/","token":"53.1\/3\/7\/53.1-133.05","metadata":false}],"previous_section":{"id":59293,"structure_id":14854,"section_number":"53.1-133.04","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","url":"\/53.1-133.04\/","token":"53.1\/3\/7\/53.1-133.04","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-133.05\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapter 809<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"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":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"},{"id":59293,"section_number":"53.1-133.04","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","order_by":null,"url":"\/53.1-133.04\/"}],"permalink":{"id":238825,"object_type":"law","relational_id":56768,"identifier":"53.1-133.05","token":"53.1\/3\/7\/53.1-133.05","url":"\/53.1-133.05\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-133.05\/","token":"53.1\/3\/7\/53.1-133.05","dublin_core":{"Title":"Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-133.05","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any hearing<\/span> held by a court<\/span> pursuant to § 53.1-133.04<\/a> may be held in any courtroom available within the county or city wherein the prisoner is located or any appropriate place that may be made available by the sheriff or administrator in charge of a local or regional correctional facility and approved by the judge<\/span>. Nothing herein shall be construed as prohibiting holding the hearing<\/span> on the grounds of a correctional facility or a hospital or a facility for the care and treatment of individuals with mental illness. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any special justice, as defined in § 37.2-100<\/a>, and any district court<\/span> substitute judge<\/span> who presides over hearings<\/span> pursuant to the provisions of § 53.1-133.04<\/a> shall receive a fee as provided in § 37.2-804<\/a> for each proceeding under § 53.1-133.04<\/a> and his necessary mileage. However, if a commitment hearing<\/span> under § 19.2-169.6<\/a> and the proceeding under § 53.1-133.04<\/a> are combined for hearing<\/span> or are heard on the same day, only one fee shall be allowed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Every physician or clinical psychologist who is not regularly employed by the Commonwealth who is required to serve as a witness<\/span> for the Commonwealth in any proceeding under § 53.1-133.04<\/a> shall receive a fee as provided in § 37.2-804<\/a>. Other witnesses regularly summoned before a judge<\/span> shall receive such compensation for their attendance and mileage as 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 § 53.1-133.04<\/a> shall receive a fee as provided in § 37.2-804<\/a> for each proceeding under § 53.1-133.04<\/a> for which he is appointed. However, if a commitment hearing<\/span> under § 19.2-169.6<\/a> and the proceeding under § 53.1-133.04<\/a> are combined for hearing<\/span> or are heard on the same day, only one fee shall be allowed. <\/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. Any such fees, costs, and expenses incurred in connection with a proceeding under § 53.1-133.04<\/a>, when paid by the Commonwealth, shall be recoverable by the Commonwealth from the prisoner who is the subject of the examination, hearing<\/span>, or proceeding or from his estate. 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPLACE OF HEARING ON MEDICAL OR MENTAL HEALTH TREATMENT OF PRISONERS INCAPABLE OF\nGIVING CONSENT; FEES AND EXPENSES (\u00a7 53.1-133.05)\n\nA. Any hearing held by a court pursuant to § 53.1-133.04 may be held in any\ncourtroom available within the county or city wherein the prisoner is located or\nany appropriate place that may be made available by the sheriff or administrator\nin charge of a local or regional correctional facility and approved by the\njudge. Nothing herein shall be construed as prohibiting holding the hearing on\nthe grounds of a correctional facility or a hospital or a facility for the care\nand treatment of individuals with mental illness.\n\nB. Any special justice, as defined in § 37.2-100, and any district court\nsubstitute judge who presides over hearings pursuant to the provisions of §\n53.1-133.04 shall receive a fee as provided in § 37.2-804 for each\nproceeding under § 53.1-133.04 and his necessary mileage. However, if a\ncommitment hearing under § 19.2-169.6 and the proceeding under §\n53.1-133.04 are combined for hearing or are heard on the same day, only one fee\nshall be allowed.\n\nC. Every physician or clinical psychologist who is not regularly employed by the\nCommonwealth who is required to serve as a witness for the Commonwealth in any\nproceeding under § 53.1-133.04 shall receive a fee as provided in §\n37.2-804. Other witnesses regularly summoned before a judge shall receive such\ncompensation for their attendance and mileage as is allowed witnesses summoned\nto testify before grand juries.\n\nD. Every attorney appointed under § 53.1-133.04 shall receive a fee as\nprovided in § 37.2-804 for each proceeding under § 53.1-133.04 for\nwhich he is appointed. However, if a commitment hearing under § 19.2-169.6\nand the proceeding under § 53.1-133.04 are combined for hearing or are\nheard on the same day, only one fee shall be allowed.\n\nE. Except as hereinafter provided, all expenses incurred, including the fees,\nattendance, and mileage aforesaid, shall be paid by the Commonwealth. Any such\nfees, costs, and expenses incurred in connection with a proceeding under §\n53.1-133.04, when paid by the Commonwealth, shall be recoverable by the\nCommonwealth from the prisoner who is the subject of the examination, hearing,\nor proceeding or from his estate. No such fees or costs shall be recovered,\nhowever, from the prisoner or his estate when no good cause for his admission\nexists or when the recovery would create an undue financial hardship.\n\nHISTORY: 2019, c. 809.","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}}