37.2-804 - Fees and expenses.
§ 37.2-804. Fees and expenses.
A. Any special justice, retired judge sitting by designation pursuant to §16.1-69.35, or any district court substitute judge who presides over hearingspursuant to the provisions of §§ 37.2-809 through 37.2-820, Article 16 (§16.1-335 et seq.) of Chapter 11 of Title 16.1, or § 19.2-169.6 shall receivea fee of $86.25 for each hearing thereunder plus his necessary mileage,parking, tolls, and postage, and $43.25 for each certification hearing andeach order under Chapter 11 (§ 37.2-1100 et seq.) ruling on competency ortreatment plus his necessary mileage, parking, tolls, and postage.
B. Any physician, psychologist or other mental health professional, or anyinterpreter, appointed pursuant to § 37.2-802 for persons who are deaf, whois not regularly employed by the Commonwealth and is required to serve as awitness or as an interpreter in any proceeding under this chapter or §19.2-169.6 shall receive a fee of $75 and his necessary expenses for eachcommitment hearing for involuntary admission in which he serves and $43.25and necessary expenses for each certification hearing in which he serves.
C. Other witnesses regularly summoned before a judge or special justice underthe provisions of this chapter shall receive the compensation for theirattendance and mileage that is allowed witnesses summoned to testify beforegrand juries.
D. Every attorney appointed under § 37.2-806 or §§ 37.2-809 through 37.2-820shall receive a fee of $75 and his necessary expenses for each hearingthereunder and $43.25 and his necessary expenses for each certificationhearing and each proceeding under Chapter 11 (§ 37.2-1100 et seq.).
E. Except as hereinafter provided, all expenses incurred, including the fees,attendance, and mileage aforesaid, shall be paid by the Commonwealth. Whenany such fees, costs, and expenses, incurred in connection with anexamination or hearing for an admission pursuant to § 37.2-806 or §§ 37.2-809through 37.2-820, to carry out the provisions of this chapter or inconnection with a proceeding under Chapter 11 (§ 37.2-1100 et seq.) or §19.2-169.6, are paid by the Commonwealth, they shall be recoverable by theCommonwealth from the person who is the subject of the examination, hearing,or proceeding or from his estate. Collection or recovery may be undertaken bythe Department. When the fees, costs, and expenses are collected or recoveredby the Department, they shall be refunded to the Commonwealth. No fees orcosts shall be recovered, however, from the person who is the subject of theexamination or hearing or his estate when no good cause for his admissionexists or when the recovery would create an undue financial hardship.
(Code 1950, § 37-75; 1950, pp. 906, 1596; 1954, c. 194; 1956, c. 445; 1958,c. 346; 1962, c. 20; 1964, c. 640; 1968, c. 477, § 37.1-89; 1970, c. 673;1975, c. 197; 1976, cc. 374, 459, 671; 1977, c. 674; 1979, c. 204; 1982, c.454; 1989, c. 591; 1991, c. 86; 1995, c. 844; 1996, c. 893; 1997, c. 921;1998, c. 455; 2005, c. 716; 2007, cc. 500, 897; 2009, c. 266; 2010, cc. 340,406.)