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1997 SESSION
977019699Patrons-- Marsh, Couric, Edwards, Howell, Lambert, Lucas, Maxwell, Miller, Y.B., Reasor and Whipple; Delegate: Shuler
Be it enacted by the General Assembly of Virginia:
1. That § 37.1-89 of the Code of Virginia is amended and reenacted as follows:
§ 37.1-89. Fees and expenses.
Any special justice as defined in § 37.1-88 and any district court
substitute judge who presides over hearings pursuant to the provisions of
§§ 37.1-67.1 through 37.1-67.4 shall receive a fee of
fifty-seven dollars and fifty cents one hundred and
fifteen dollars for each commitment hearing and his necessary
mileage. Any special justice and any district court substitute judge who
presides over a hearing shall receive a fee of twenty-eight dollars
and seventy-five cents fifty-seven dollars and fifty
cents for each certification hearing and each order under §
37.1-134.5 ruling on competency or treatment and his necessary mileage. Every
physician, psychologist, or other mental health professional, or interpreter
for the deaf appointed pursuant to § 37.1-67.5 who is not regularly
employed by the Commonwealth of Virginia who is required to serve as a witness
or as an interpreter for the Commonwealth in any proceeding under this chapter
shall receive a fee of fifty one hundred dollars and his
necessary expenses for each commitment hearing in which he serves. Every
physician, clinical psychologist or interpreter for the deaf appointed pursuant
to § 37.1-67.5 who is not regularly employed by the Commonwealth and who
is required to serve as a witness or as an interpreter for the Commonwealth in
any proceeding under this chapter shall receive a fee of twenty-five
fifty dollars and necessary expenses for each certification
hearing in which he serves. Other witnesses regularly summoned before a judge
under the provisions of this chapter shall receive such compensation for their
attendance and mileage as is allowed witnesses summoned to testify before grand
juries. Every attorney appointed under § 37.1-65.1 or §§
37.1-67.1 through 37.1-67.4 shall receive a fee of fifty one
hundred dollars and his necessary expenses for each commitment hearing.
Every attorney appointed shall receive a fee of twenty-five
fifty dollars and his necessary expenses for each
certification hearing and each proceeding under § 37.1-134.5. 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 § 37.1-65.1 or §§ 37.1-67.1 through 37.1-67.4 in
carrying out the provisions of this chapter or in connection with a proceeding
under § 37.1-134.5, when paid by the Commonwealth, shall be recoverable by
the Commonwealth from the person 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 person who is the subject
of the examination or his estate when no good cause for his admission exists or
when the recovery would create an undue financial hardship.