                                 CODE OF VIRGINIA

RIGHT TO ASSISTANCE OF EXPERTS; COMPENSATION (§ 37.2-907)

A. Upon a finding of probable cause the judge shall ascertain if the respondent
is requesting expert assistance. If the respondent requests expert assistance
and has not employed an expert at his own expense, the judge shall appoint such
experts as he deems necessary. However, if the respondent refused to cooperate
with the mental health examination required pursuant to &#xA7; 37.2-904 or
failed or refused to cooperate with a mental health examination following
rescission of a refusal pursuant to &#xA7; 37.2-906, any expert appointed to
assist the respondent shall not be permitted to testify at trial nor shall any
report of any such expert be admissible. Any expert employed or appointed
pursuant to this section shall be a licensed psychiatrist or licensed clinical
psychologist who is skilled in the diagnosis and risk assessment of sex
offenders and knowledgeable about the treatment of sex offenders, and who is not
a member of the CRC. Any expert employed or appointed pursuant to this section
shall have reasonable access to all relevant medical and psychological records
and reports pertaining to the respondent. No such expert shall be permitted to
testify as a witness on behalf of the respondent unless that expert has prepared
a written report detailing his findings and conclusions and has submitted his
report, along with all supporting data, to the court, the Attorney General, and
counsel for the respondent. Such report shall be submitted no less than 45 days
prior to the trial of the matter unless a different time period is agreed to by
the parties.

B. Each psychiatrist, psychologist, or other expert appointed by the court to
render professional service pursuant to this chapter who is not regularly
employed by the Commonwealth, 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. The fee shall be determined in each
instance by the court that appointed the expert, in accordance with guidelines
established by the Supreme Court after consultation with the Department. The fee
shall not exceed $5,000. However, in addition, if any such expert is required to
appear as a witness in any hearing held pursuant to this chapter, he shall
receive mileage and a fee of $750 for each day during which he is required to
serve. An itemized account of expenses, duly sworn to, shall be presented to the
court, and, when allowed, shall be certified to the Supreme Court for payment
out of the state treasury, and shall 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 order of the court, duly certified to the Supreme Court,
for payment out of the appropriation to pay criminal charges.

HISTORY: 1999, cc. 946, 985, § 37.1-70.8; 2001, c. 776; 2004, c. 764; 2005, c.
716; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740; 2011, cc. 42, 446, 448.