                                 CODE OF VIRGINIA

PLACE OF HEARING ON MEDICAL OR MENTAL HEALTH TREATMENT OF PRISONERS INCAPABLE OF
GIVING CONSENT; FEES AND EXPENSES (§ 53.1-133.05)

A. Any hearing held by a court pursuant to &#xA7; 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. Any special justice, as defined in &#xA7; 37.2-100, and any district court
substitute judge who presides over hearings pursuant to the provisions of &#xA7;
53.1-133.04 shall receive a fee as provided in &#xA7; 37.2-804 for each
proceeding under &#xA7; 53.1-133.04 and his necessary mileage. However, if a
commitment hearing under &#xA7; 19.2-169.6 and the proceeding under &#xA7;
53.1-133.04 are combined for hearing or are heard on the same day, only one fee
shall be allowed.

C. 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 &#xA7; 53.1-133.04 shall receive a fee as provided in &#xA7;
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. Every attorney appointed under &#xA7; 53.1-133.04 shall receive a fee as
provided in &#xA7; 37.2-804 for each proceeding under &#xA7; 53.1-133.04 for
which he is appointed. However, if a commitment hearing under &#xA7; 19.2-169.6
and the proceeding under &#xA7; 53.1-133.04 are combined for hearing or are
heard on the same day, only one fee shall be allowed.

E. 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 &#xA7;
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.

HISTORY: 2019, c. 809.