§ 53.1-40.8. Fees and expenses.

A. Any special justice, as defined in § 37.2-100, and any district courtsubstitute judge who presides over hearings pursuant to the provisions of §§53.1-40.1 and 53.1-40.2 shall receive a fee as provided in § 37.2-804 foreach commitment hearing under § 53.1-40.2 and each proceeding under §53.1-40.1 ruling on competency or treatment and his necessary mileage.However, if the commitment hearing under § 53.1-40.2 and the proceeding under§ 53.1-40.1 are combined for hearing or are heard on the same day, only onefee shall be allowed.

B. Every physician or clinical psychologist who is not regularly employed bythe Commonwealth of Virginia who is required to serve as a witness for theCommonwealth in any proceeding under this article shall receive a fee asprovided in § 37.2-804 for each commitment hearing in which he serves. Otherwitnesses regularly summoned before a judge under the provisions of thisarticle shall receive such compensation for their attendance and mileage asis allowed witnesses summoned to testify before grand juries.

C. Every attorney appointed under this article shall receive a fee asprovided in § 37.2-804 for each commitment hearing under § 53.1-40.2 and eachproceeding under § 53.1-40.1 for which he is appointed. However, if thecommitment hearing under § 53.1-40.2 and the proceeding under § 53.1-40.1 arecombined for hearing or are heard on the same day, only one fee shall beallowed.

D. Except as hereinafter provided, all expenses incurred, including the fees,attendance, and mileage aforesaid, shall be paid by the Commonwealth. Anysuch fees, costs, and expenses incurred in connection with an examination orhearing for an admission pursuant to § 53.1-40.2 or in connection with aproceeding under § 53.1-40.1, when paid by the Commonwealth, shall berecoverable by the Commonwealth from the prisoner who is the subject of theexamination, hearing, or proceeding or from his estate. Such collection orrecovery may be undertaken by the Department. All such fees, costs, andexpenses, if collected or recovered by the Department, shall be refunded tothe Commonwealth. No such fees or costs shall be recovered, however, from theprisoner or his estate when no good cause for his admission exists or whenthe recovery would create an undue financial hardship.

(1988, c. 873; 1990, c. 221; 2005, c. 716.)