SB1053: Civil commitment proceedings; fees and compensation.
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-182 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-182. Representation by counsel in proceeding for commitment.
A. In any proceeding for commitment under this title, the
judge before whom or upon whose order the proceeding is being held,
shall ascertain if the person whose commitment is sought is represented by
counsel. If the person is not represented by counsel, the judge shall appoint
an attorney at law to represent him such person in the
proceeding. The attorney shall receive a fee of twenty-five dollars
$75 for his services, to be paid by the Commonwealth. However, an
attorney appointed by a circuit court to represent an acquittee who was
acquitted of a felony by reason of insanity in a hearing to assess the need for
inpatient hospitalization pursuant to § 19.2-182.5 shall be compensated on an
hourly basis at a rate set by the Supreme Court of Virginia, provided such
total compensation shall not exceed $445, to be paid by the Commonwealth.
B. Any attorney representing any person in any proceeding for commitment under this title shall, prior to such proceeding, personally consult with such person.
[ 2. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2015 by the General Assembly that becomes law. ]
SENATE BILL NO. 1053
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-182 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-182. Representation by counsel in proceeding for commitment.
A. In any proceeding for commitment under this title, the
judge before whom or upon whose order the proceeding is being held, shall ascertain if the person
whose commitment is sought is represented by counsel. If the person is not
represented by counsel, the judge shall appoint an attorney at law to represent him
such person in the proceeding. The attorney shall receive a
fee of twenty-five dollars $75 for his services,
to be paid by the Commonwealth. However, an attorney
appointed by a circuit court to represent an acquittee who was acquitted of a
felony by reason of insanity in a hearing to assess the need for inpatient
hospitalization pursuant to § 19.2-182.5 shall be
compensated on an hourly basis at a rate set by the Supreme Court of Virginia,
provided such total compensation shall
not exceed $445, to be paid by the Commonwealth.
B. Any attorney representing any person in any proceeding for commitment under this title shall, prior to such proceeding, personally consult with such person.