19.2-175 - Compensation of experts. - Virginia Statutes

§ 19.2-175. Compensation of experts.

Each psychiatrist, clinical psychologist or other expert appointed by thecourt to render professional service pursuant to § 19.2-168.1, 19.2-169.1,19.2-169.5, 19.2-182.8, 19.2-182.9, 19.2-264.3:1, 19.2-264.3:3 or 19.2-301,who is not regularly employed by the Commonwealth of Virginia except by theUniversity of Virginia School of Medicine and the Medical College of VirginiaCommonwealth University, shall receive a reasonable fee for such service. Forany psychiatrist, clinical psychologist, or other expert appointed by thecourt to render such professional services who is regularly employed by theCommonwealth of Virginia, except by the University of Virginia School ofMedicine or the Medical College of Virginia Commonwealth University, the feeshall be paid only for professional services provided during nonstate hoursthat have been approved by his employing agency as being beyond the scope ofhis state employment duties. The fee shall be determined in each instance bythe court that appointed the expert, in accordance with guidelinesestablished by the Supreme Court after consultation with the Department ofBehavioral Health and Developmental Services. Except in capital murder casesthe fee shall not exceed $750, but in addition if any such expert is requiredto appear as a witness in any hearing held pursuant to such sections, heshall receive mileage and a fee of $100 for each day during which he isrequired so to serve. An itemized account of expense, duly sworn to, must bepresented to the court, and when allowed shall be certified to the SupremeCourt for payment out of the state treasury, and be charged against theappropriations made to pay criminal charges. Allowance for the fee and forthe per diem authorized shall also be made by order of the court, dulycertified to the Supreme Court for payment out of the appropriation to paycriminal charges.

(Code 1950, § 19.1-233; 1960, c. 366; 1968, c. 657; 1970, c. 640; 1975, c.495; 1976, c. 140; 1978, cc. 195, 794; 1979, c. 516; 1982, c. 653; 1986, c.535; 1990, c. 697; 1995, c. 645; 2003, cc. 1031, 1040; 2006, cc. 114, 170;2007, c. 829; 2009, cc. 813, 840; 2010, cc. 340, 406.)