Arkansas Code Title 5, Subtitle 1, Chapter 2, Subchapter 3 - Mental Disease or Defect

• § 5-2-301 - Definitions.
  As used in this subchapter: (1) "Appropriate facility" means any facility within or without this state to which a defendant is eligible for admission...
• § 5-2-302 - Lack of Fitness to Proceed Generally.
  (a) No person who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own...
• § 5-2-303 - Admissibility of Evidence to Show Mental State.
  Evidence that the defendant suffered from a mental disease or defect is admissible to prove whether the defendant had the kind of culpable mental...
• § 5-2-304 - Notice Requirement.
  (a) When a defendant intends to raise mental disease or defect as a defense in a prosecution or put in issue his or her...
• § 5-2-305 - Mental Health Examination of Defendant.
  (a) (1) Subject to the provisions of §§ 5-2-304 and 5-2-311, the court shall immediately suspend any further proceedings in a prosecution if: (A)...
• § 5-2-306 - Access to Defendant by Examiners of His or Her Choice.
  When a defendant desires to be examined by one (1) or more qualified physicians or other experts of his or her own choice, that...
• § 5-2-307 - Admissibility of Statements Made During Examination or Treatment.
  Any statement made by a person during an examination or treatment is admissible as evidence only: (1) To the extent permitted by the Uniform...
• § 5-2-308 - Expert Witnesses.
  (a) At any hearing concerning a defendant's responsibility or fitness to proceed, or upon trial, an examiner who reported pursuant to § 5-2-305 may...
• § 5-2-309 - Determination of Fitness to Proceed.
  (a) If the defendant's fitness to proceed becomes an issue, the issue of the defendant's fitness to proceed shall be determined by the court.(b)...
• § 5-2-310 - Lack of Fitness to Proceed -- Procedures Subsequent to Finding.
  (a) (1) (A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and...
• § 5-2-311 - Lack of Fitness to Proceed -- Motions Without Defendant's Personal Participation.
  The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion...
• § 5-2-312 - Lack of Capacity -- Affirmative Defense.
  (a) (1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she...
• § 5-2-313 - Acquittal Based on Mental Health Report.
  (a) On the basis of the report filed pursuant to § 5-2-305 and after a hearing, if a hearing is requested, the court may...
• § 5-2-314 - Acquittal -- Examination of Defendant -- Hearing.
  (a) When a defendant is acquitted on the ground of mental disease or defect, a circuit court is required to determine and to include...
• § 5-2-315 - Discharge or Conditional Release.
  (a) (1) (A) When the Director of the Department of Human Services or his or her designee determines that a person acquitted has recovered...
• § 5-2-316 - Conditional Release -- Subsequent Discharge, Modification, or Revocation.
  (a) (1) The Director of the Department of Human Services or his or her designee or a person conditionally released under § 5-2-315, or...
• § 5-2-317 - Jurisdiction and Venue.
  (a) A circuit court has exclusive jurisdiction over a person acquitted by reason of mental disease or defect and committed to the custody of...
• § 5-2-318 -- 5-2-324 - [Reserved.]
• § 5-2-325 - [Repealed.]
• § 5-2-326 - Restraint of an Arkansas State Hospital Patient.
  (a) If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from...

Last modified: November 15, 2016