37.2-907 - Right to assistance of experts; compensation.
§ 37.2-907. Right to assistance of experts; compensation.
A. Upon a finding of probable cause the judge shall ascertain if therespondent is requesting expert assistance. If the respondent requests expertassistance and has not employed an expert at his own expense, the judge shallappoint such experts as he deems necessary; however, if the respondentrefused to cooperate pursuant to § 37.2-901 any expert appointed to assistthe respondent shall not be permitted to testify at trial nor shall anyreport of any such expert be admissible. Any expert employed or appointedpursuant to this section shall be a licensed psychiatrist or licensedclinical psychologist who is skilled in the diagnosis, treatment, and riskassessment of sex offenders and who is not a member of the CRC. Any expertemployed or appointed pursuant to this section shall have reasonable accessto all relevant medical and psychological records and reports pertaining tothe respondent. No such expert shall be permitted to testify as a witness onbehalf of the respondent unless that expert has prepared a written reportdetailing his findings and conclusions and has submitted his report, alongwith all supporting data, to the court, the Attorney General, and counsel forthe respondent. Such report shall be submitted no less than 45 days prior tothe trial of the matter unless a different time period is agreed to by theparties.
B. Each psychiatrist, psychologist, or other expert appointed by the court torender professional service pursuant to this chapter who is not regularlyemployed by the Commonwealth, except by the University of Virginia School ofMedicine and the Virginia Commonwealth University School of Medicine, shallreceive a reasonable fee for such service. The fee shall be determined ineach instance by the court that appointed the expert, in accordance withguidelines established by the Supreme Court after consultation with theDepartment. The fee shall not exceed $5,000. However, in addition, if anysuch expert is required to appear as a witness in any hearing held pursuantto this chapter, he shall receive mileage and a fee of $750 for each dayduring which he is required to serve. An itemized account of expenses, dulysworn to, shall be presented to the court, and, when allowed, shall becertified to the Supreme Court for payment out of the state treasury, andshall be charged against the appropriations made to pay criminal charges.Allowance for the fee and for the per diem authorized shall also be made byorder of the court, duly certified to the Supreme Court, for payment out ofthe appropriation to pay criminal charges.
(1999, cc. 946, 985, § 37.1-70.8; 2001, c. 776; 2004, c. 764; 2005, c. 716;2006, cc. 863, 914; 2007, c. 876; 2009, c. 740.)