                                 CODE OF VIRGINIA

FEES AND EXPENSES (§ 53.1-40.8)

A. 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;&#xA7; 53.1-40.1 and 53.1-40.2 shall receive a fee as provided in &#xA7;
37.2-804 for each commitment hearing under &#xA7; 53.1-40.2 and each proceeding
under &#xA7; 53.1-40.1 ruling on competency or treatment and his necessary
mileage. However, if the commitment hearing under &#xA7; 53.1-40.2 and the
proceeding under &#xA7; 53.1-40.1 are combined for hearing or are heard on the
same day, only one fee shall be allowed.

B. 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 &#xA7; 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. Every attorney appointed under this article shall receive a fee as provided
in &#xA7; 37.2-804 for each commitment hearing under &#xA7; 53.1-40.2 and each
proceeding under &#xA7; 53.1-40.1 for which he is appointed. However, if the
commitment hearing under &#xA7; 53.1-40.2 and the proceeding under &#xA7;
53.1-40.1 are combined for hearing or are heard on the same day, only one fee
shall be allowed.

D. 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 &#xA7; 53.1-40.2 or in connection with a proceeding
under &#xA7; 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.

HISTORY: 1988, c. 873; 1990, c. 221; 2005, c. 716.