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Developed and maintained by the Division of Legislative Automated Systems.
1998 SESSION
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 eighty-six dollars and
twenty-five cents 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
forty-three dollars and twenty-five cents for each
certification hearing and each order under § 37.1-134.21 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 dollars seventy-five dollars and
his necessary expenses for each commitment hearing in which he serves. 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 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 dollars forty-three dollars and
twenty-five cents 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
dollars seventy-five dollars and his necessary expenses for
each commitment hearing. Every attorney appointed shall receive a fee of
twenty-five dollars forty-three dollars and twenty-five cents
and his necessary expenses for each certification hearing and each
proceeding under § 37.1-134.21. 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 §
37.1-134.21, 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.