                                 CODE OF VIRGINIA

FEES AND EXPENSES (§ 37.2-804)

A. Any special justice, any retired judge sitting by designation pursuant to
&#xA7; 16.1-69.35, or any district court substitute judge who presides over
hearings pursuant to the provisions of &#xA7;&#xA7; 37.2-809 through 37.2-820,
Article 16 (&#xA7; 16.1-335 et seq.) of Chapter 11 of Title 16.1, or &#xA7;
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 (&#xA7; 37.2-1100 et
seq.) ruling on competency or treatment plus his necessary expenses, including
mileage, parking, tolls, and postage.

B. Any physician, psychologist or other mental health professional, or any
interpreter, appointed pursuant to &#xA7; 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 &#xA7;
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. 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.

D. Every attorney appointed under &#xA7; 37.2-806 or &#xA7;&#xA7; 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 (&#xA7; 37.2-1100 et seq.).

E. 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 &#xA7; 37.2-806 or &#xA7;&#xA7; 37.2-809
through 37.2-820, to carry out the provisions of this chapter or in connection
with a proceeding under Chapter 11 (&#xA7; 37.2-1100 et seq.) or &#xA7;
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.

HISTORY: Code 1950, § 37-75; 1950, pp. 906, 1596; 1954, c. 194; 1956, c. 445;
1958, c. 346; 1962, c. 20; 1964, c. 640; 1968, c. 477, § 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.