Fees of persons appointed by court to perform diagnostic evaluations
- • payment by counties
- • witnesses
- • fees
- • costs
(1) Any physician, naturopathic physician or psychologist employed by the court to make a diagnostic evaluation of a person alleged to have an intellectual disability and to be in need of commitment for residential care, treatment and training, shall be allowed a fee as the court in its discretion determines reasonable for the evaluation. The costs of the evaluation shall be paid by the county of residence of the person or, if the person has no residence within the state, by the county in which the person is taken into custody. The county shall not be held responsible for the costs of prior examinations or tests reported to the court, or of diagnostic evaluations performed or arranged by the community developmental disabilities program or Department of Human Services.
(2) Witnesses subpoenaed to give testimony shall receive the same fees as are paid in criminal cases and are subject to compulsory attendance in the same manner as provided in ORS 136.567 (Issuance of subpoena for witnesses for defendant) to 136.603 (Payment of witness who is from outside state or is indigent). The attendance of out-of-state witnesses may be secured in the same manner as provided in ORS 136.623 (Definitions) to 136.637 (Short title). The party who subpoenas the witness or requests the court to subpoena the witness is responsible for payment of the cost of the subpoena and payment for the attendance of the witness at a hearing. When the witness has been subpoenaed on behalf of a person who is represented by appointed counsel, the fees and costs allowed for that witness shall be paid pursuant to ORS 135.055 (Compensation and expenses of appointed counsel). [1979 c.683 §31; 1987 c.606 §10; 2001 c.962 §72; 2009 c.595 §445; 2011 c.658 §18; 2017 c.356 §53]
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