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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>59943</law_id><section_number>19.2-175</section_number><catch_line>Compensation of experts</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="11">Proceedings on Question of Insanity</unit></structure><text>
						<section><p>Each psychiatrist, clinical psychologist, or other expert appointed by the <span class="dictionary">court</span> to render professional service pursuant to &#xA7;&#xA0;<a class="law" title="Evaluation on motion of the Commonwealth after notice" href="/19.2-168.1/">19.2-168.1</a>, <a class="law" title="Raising question of competency to stand trial or plead; evaluation and determination of competency" href="/19.2-169.1/">19.2-169.1</a>, <a class="law" title="Evaluation of sanity at the time of the offense; disclosure of evaluation results" href="/19.2-169.5/">19.2-169.5</a>, <a class="law" title="Revocation of conditional release" href="/19.2-182.8/">19.2-182.8</a>, <a class="law" title="Emergency custody of conditionally released acquittee" href="/19.2-182.9/">19.2-182.9</a>, or <a class="law" title="Judge shall require examination under &#xA7; 19.2-300; by whom made; report; expenses of psychiatrist" href="/19.2-301/">19.2-301</a> who is not regularly employed by the Commonwealth of Virginia, except by the University of Virginia School of Medicine and the Virginia Commonwealth University School of Medicine, shall receive a reasonable fee for such service. For any psychiatrist, clinical psychologist, or other expert appointed by the <span class="dictionary">court</span> to render such professional services who is regularly employed by the Commonwealth of Virginia, except by the University of Virginia School of Medicine or the Virginia Commonwealth University School of Medicine, the fee shall be paid only for professional services provided during nonstate hours that have been approved by his employing agency as being beyond the scope of his state employment duties. The fee shall be determined in each instance by the <span class="dictionary">court</span> that appointed the expert, in accordance with guidelines established by the Supreme <span class="dictionary">Court</span> after consultation with the Department of Behavioral Health and Developmental Services. Except in aggravated <span class="dictionary">murder</span> cases pursuant to &#xA7;&#xA0;<a class="law" title="Aggravated murder defined; punishment" href="/18.2-31/">18.2-31</a>, the fee shall not exceed $1,200, but in addition, if any such expert is required to appear as a <span class="dictionary">witness</span> in any <span class="dictionary">hearing</span> held pursuant to such sections, he shall receive mileage and a fee of $100 for each day during which he is required so to serve. An itemized account of expense, duly sworn to, must be presented to the <span class="dictionary">court</span> and when allowed shall be certified to the Supreme <span class="dictionary">Court</span> for payment out of the state treasury and be charged against the appropriations made to pay criminal charges. Allowance for the fee and for the per diem authorized shall also be made by <span class="dictionary">order</span> of the <span class="dictionary">court</span>, duly certified to the Supreme <span class="dictionary">Court</span> for payment out of the appropriation to pay criminal charges.</p></section></text><history>Code 1950, &#xA7; 19.1-233; 1960, c. 366; 1968, c. 657; 1970, c. 640; 1975, c. 495; 1976, c. 140; 1978, cc. 195, 794; 1979, c. 516; 1982, c. 653; 1986, c. 535; 1990, c. 697; 1995, c. 645; 2003, cc. 1031, 1040; 2006, cc. 114, 170; 2007, c. 829; 2009, cc. 813, 840; 2010, cc. 340, 406; 2021, Sp. Sess. I, cc. 344, 345; 2022, c. 304.</history><metadata></metadata></law>
