{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-40.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-40.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-40.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-40.8.html"}],"law_id":62432,"edition_id":1,"section_id":62432,"structure_id":14675,"section_number":"53.1-40.8","catch_line":"Fees and expenses","history":"1988, c. 873; 1990, c. 221; 2005, c. 716.","full_text":"A\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 §§ 53.1-40.1 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\n\nEvery 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\n\nEvery 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\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 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.","order_by":null,"text":{"0":{"id":227674,"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 §§ 53.1-40.1 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":227675,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":227676,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":227677,"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 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14675,"edition_id":1,"name":"Medical and Mental Health Care; Involuntary Admission and Treatment","identifier":"2.1","label":"article","depth":3,"order_by":1,"parent_id":12718,"metadata":{},"date_created":"2026-06-26 03:49:16","date_modified":"2026-06-26 03:49:16","permalink":{"id":238035,"object_type":"structure","relational_id":14675,"identifier":"2.1","token":"53.1\/2\/2.1","url":"\/53.1\/2\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12718,"edition_id":1,"name":"State Correctional Facilities","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237861,"object_type":"structure","relational_id":12718,"identifier":"2","token":"53.1\/2","url":"\/53.1\/2\/","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":60055,"structure_id":14675,"section_number":"53.1-40.1","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","url":"\/53.1-40.1\/","token":"53.1\/2\/2.1\/53.1-40.1","metadata":false},{"id":86134,"structure_id":14675,"section_number":"53.1-40.10","catch_line":"Exchange of medical and mental health information and records","url":"\/53.1-40.10\/","token":"53.1\/2\/2.1\/53.1-40.10","metadata":false},{"id":65505,"structure_id":14675,"section_number":"53.1-40.2","catch_line":"Involuntary admission of prisoners with mental illness","url":"\/53.1-40.2\/","token":"53.1\/2\/2.1\/53.1-40.2","metadata":false},{"id":60963,"structure_id":14675,"section_number":"53.1-40.3","catch_line":"Place of hearing or proceeding","url":"\/53.1-40.3\/","token":"53.1\/2\/2.1\/53.1-40.3","metadata":false},{"id":67532,"structure_id":14675,"section_number":"53.1-40.4","catch_line":"Appeal of order authorizing involuntary admission","url":"\/53.1-40.4\/","token":"53.1\/2\/2.1\/53.1-40.4","metadata":false},{"id":71299,"structure_id":14675,"section_number":"53.1-40.5","catch_line":"Transfer of prisoner involuntarily admitted","url":"\/53.1-40.5\/","token":"53.1\/2\/2.1\/53.1-40.5","metadata":false},{"id":56280,"structure_id":14675,"section_number":"53.1-40.6","catch_line":"Periodic review of prisoner for purposes of retention","url":"\/53.1-40.6\/","token":"53.1\/2\/2.1\/53.1-40.6","metadata":false},{"id":78134,"structure_id":14675,"section_number":"53.1-40.7","catch_line":"Discharge of prisoner involuntarily admitted","url":"\/53.1-40.7\/","token":"53.1\/2\/2.1\/53.1-40.7","metadata":false},{"id":62432,"structure_id":14675,"section_number":"53.1-40.8","catch_line":"Fees and expenses","url":"\/53.1-40.8\/","token":"53.1\/2\/2.1\/53.1-40.8","metadata":false},{"id":86543,"structure_id":14675,"section_number":"53.1-40.9","catch_line":"Civil admission proceeding prior to release","url":"\/53.1-40.9\/","token":"53.1\/2\/2.1\/53.1-40.9","metadata":false}],"previous_section":{"id":78134,"structure_id":14675,"section_number":"53.1-40.7","catch_line":"Discharge of prisoner involuntarily admitted","url":"\/53.1-40.7\/","token":"53.1\/2\/2.1\/53.1-40.7","metadata":false},"next_section":{"id":86543,"structure_id":14675,"section_number":"53.1-40.9","catch_line":"Civil admission proceeding prior to release","url":"\/53.1-40.9\/","token":"53.1\/2\/2.1\/53.1-40.9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-40.8\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 873 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. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1990, chapter 221; in 2005, chapter 716<\/a>.<\/p>","references":false,"refers_to":[{"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":60055,"section_number":"53.1-40.1","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","order_by":null,"url":"\/53.1-40.1\/"},{"id":65505,"section_number":"53.1-40.2","catch_line":"Involuntary admission of prisoners with mental illness","order_by":null,"url":"\/53.1-40.2\/"}],"permalink":{"id":238069,"object_type":"law","relational_id":62432,"identifier":"53.1-40.8","token":"53.1\/2\/2.1\/53.1-40.8","url":"\/53.1-40.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-40.8\/","token":"53.1\/2\/2.1\/53.1-40.8","dublin_core":{"Title":"Fees and expenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-40.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/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 §§ 53.1-40.1<\/a> and 53.1-40.2<\/a> shall receive a fee as provided in § 37.2-804<\/a> for each commitment hearing<\/span> under § 53.1-40.2<\/a> and each proceeding under § 53.1-40.1<\/a> ruling on competency or treatment and his necessary mileage. However, if the commitment hearing<\/span> under § 53.1-40.2<\/a> and the proceeding under § 53.1-40.1<\/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

B.<\/span> Every physician or clinical psychologist who is not regularly employed by the Commonwealth of Virginia who is required to serve as a witness<\/span> for the Commonwealth in any proceeding under this article shall receive a fee as provided in § 37.2-804<\/a> for each commitment hearing<\/span> in which he serves. Other witnesses regularly summoned before a judge<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Every attorney appointed under this article shall receive a fee as provided in § 37.2-804<\/a> for each commitment hearing<\/span> under § 53.1-40.2<\/a> and each proceeding under § 53.1-40.1<\/a> for which he is appointed. However, if the commitment hearing<\/span> under § 53.1-40.2<\/a> and the proceeding under § 53.1-40.1<\/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

D.<\/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 an examination or hearing<\/span> for an admission pursuant to § 53.1-40.2<\/a> or in connection with a proceeding under § 53.1-40.1<\/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. Such collection or recovery may be undertaken by the Department<\/span>. All such fees, costs, and expenses, if collected or recovered by the Department<\/span>, 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFEES AND EXPENSES (\u00a7 53.1-40.8)\n\nA. Any special justice, as defined in § 37.2-100, and any district court\nsubstitute judge who presides over hearings pursuant to the provisions of\n§§ 53.1-40.1 and 53.1-40.2 shall receive a fee as provided in §\n37.2-804 for each commitment hearing under § 53.1-40.2 and each proceeding\nunder § 53.1-40.1 ruling on competency or treatment and his necessary\nmileage. However, if the commitment hearing under § 53.1-40.2 and the\nproceeding under § 53.1-40.1 are combined for hearing or are heard on the\nsame day, only one fee shall be allowed.\n\nB. Every physician or clinical psychologist who is not regularly employed by the\nCommonwealth of Virginia who is required to serve as a witness for the\nCommonwealth in any proceeding under this article shall receive a fee as\nprovided in § 37.2-804 for each commitment hearing in which he serves.\nOther witnesses regularly summoned before a judge under the provisions of this\narticle shall receive such compensation for their attendance and mileage as is\nallowed witnesses summoned to testify before grand juries.\n\nC. Every attorney appointed under this article shall receive a fee as provided\nin § 37.2-804 for each commitment hearing under § 53.1-40.2 and each\nproceeding under § 53.1-40.1 for which he is appointed. However, if the\ncommitment hearing under § 53.1-40.2 and the proceeding under §\n53.1-40.1 are combined for hearing or are heard on the same day, only one fee\nshall be allowed.\n\nD. 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 an examination or hearing\nfor an admission pursuant to § 53.1-40.2 or in connection with a proceeding\nunder § 53.1-40.1, when paid by the Commonwealth, shall be recoverable by\nthe Commonwealth from the prisoner who is the subject of the examination,\nhearing, or proceeding or from his estate. Such collection or recovery may be\nundertaken by the Department. All such fees, costs, and expenses, if collected\nor recovered by the Department, shall be refunded to the Commonwealth. No such\nfees or costs shall be recovered, however, from the prisoner or his estate when\nno good cause for his admission exists or when the recovery would create an\nundue financial hardship.\n\nHISTORY: 1988, c. 873; 1990, c. 221; 2005, c. 716.","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}}