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12-12-218. Registry of certain court orders — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-218. Registry of certain court orders — Definition.
(a) As used in this section, “center system” means the registry of all court orders issued under §§ 5-2-310(b), 5-2-314(b), 20-47-214, and 20-47-215 maintained by the Arkansas Crime Information Center under this section.
(b)(1) The Arkansas Crime Information Center shall maintain the center system as provided under this section.
(2) Only orders that are consistent with § 5-2-310(b), § 5-2-314(b), § 20-47-214, or § 20-47-215 shall be entered into the center system.
(c) Information contained in the center system shall be determined by the Supervisory Board for the Arkansas Crime Information Center and shall include, at a minimum, the person's name and date of birth.
(d) Information contained in the center system is not disclosable under applicable state or federal law and shall be available at all times only to courts, law enforcement personnel, and prosecuting attorneys.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-218
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-12-218
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c7648a49b677085eb886606389f7911f5130771104e8b24bdf9dc167bd52a14d
Source location: content.xml paragraph 3951
Stored source content
12-12-218. Registry of certain court orders — Definition.
(a) As used in this section, “center system” means the registry of all court orders issued under §§ 5-2-310(b), 5-2-314(b), 20-47-214, and 20-47-215 maintained by the Arkansas Crime Information Center under this section.
(b)(1) The Arkansas Crime Information Center shall maintain the center system as provided under this section.
(2) Only orders that are consistent with § 5-2-310(b), § 5-2-314(b), § 20-47-214, or § 20-47-215 shall be entered into the center system.
(c) Information contained in the center system shall be determined by the Supervisory Board for the Arkansas Crime Information Center and shall include, at a minimum, the person's name and date of birth.
(d) Information contained in the center system is not disclosable under applicable state or federal law and shall be available at all times only to courts, law enforcement personnel, and prosecuting attorneys.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-214. Forty-five-day involuntary admission — Hearing.
(a)(1) Within the period specified in § 20-47-205, a hearing shall be held.
(2) The hearing must be conducted in public, open to the news media.
(3) All testimony must be taken under oath and preserved.
(4) All witnesses shall be subject to a penalty for perjury, and each witness who shall testify shall be instructed by the hearing officer as to the penalty for perjury before testifying.
(b)(1) Should any person be found guilty of giving false testimony that results in a person's wrongful involuntary admission, he or she shall be liable for civil damages and subject to incarceration for not less than thirty (30) days.
(2) The court shall make a determination at that time whether clear and convincing evidence has been presented that the person sought to be involuntarily admitted is of danger to himself or herself or to others as defined in § 20-47-207.
(3) If this burden of proof has been met, the court shall issue an order authorizing the hospital or receiving facility or program to detain the person for treatment for a maximum of forty-five (45) days.
(c) This section shall be construed to allow the person sought to be involuntarily admitted to request treatment under an alternative least restrictive appropriate setting.
(d) If a hearing pursuant to this section is not held within the period specified in § 20-47-205, the person shall be released.
(e) Upon filing of an order of commitment issued under subdivision (b)(3) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-47-214. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-215. Additional periods of involuntary admission — Petitions — Hearing.
(a)Generally.
(1) Additional one-hundred-eighty-day involuntary admission orders may be requested if, in the opinion of the treatment staff, a person involuntarily admitted continues to meet the criteria for involuntary admission.
(2) Additional one-hundred-eighty-day involuntary admission periods may be requested by the treatment staff if it is the opinion of the treatment staff that the person needs continued treatment and supervision without which the person poses a likelihood of danger to himself or herself or to others as defined in § 20-47-207 if discharged.
(3) The treatment staff may request additional involuntary admission orders as they are deemed necessary.
(b)Procedure.
(1)(A) A request for periods of additional involuntary admission under this section shall be made by a petition verified by a member of the treatment staff.
(B) The petition shall set forth the facts and circumstances forming the basis for the request.
(2) Upon the filing of a petition for additional involuntary admission, all rights enumerated in §§ 20-47-211 and 20-47-212 shall be applicable.
(c)Hearing.
(1)(A) A hearing on the petition seeking additional involuntary admission pursuant to this section must be held before the expiration of the period of involuntary admission.
(B) The hearing shall be open to the public and the news media, unless the person sought to be additionally involuntarily admitted shall request in writing that the hearing be closed.
(C) All written requests filed on behalf of the person sought to be additionally involuntarily admitted must be witnessed by the attorney who is representing the person.
(2) All testimony shall be recorded under oath and preserved.
(3) Th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-215
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-47-215. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 the court may commit the defendant to the custody of the Department of Human Services for detention, care, and treatment until restoration of fitness to proceed.
(B) However, if the court is satisfied that the defendant may be released without danger to himself or herself or to the person or property of another, the court may order the defendant's release and the release shall continue at the discretion of the court on conditions the court determines necessary.
(2) A copy of the report filed under § 5-2-327 shall be attached to the order of commitment or order of conditional release.
(b)(1) Within a reasonable period of time, but in any case within ten (10) months of a commitment pursuant to subsection (a) of this section, the department shall file with the committing court a written report indicating whether the defendant is fit to proceed, or if not, whether:
(A) The defendant's mental disease or defect is of a nature precluding restoration of fitness to proceed; and
(B) The defendant presents a danger to himself or herself or to the person or property of another.
(2)(A) The court shall make a determination within one (1) year of a commitment pursuant to subsection (a) of this section.
(B) Pursuant to the report of the department or as a result of a hearing on the report, if the court determines that the defendant is fit to proceed, prosecution in ordinary course may commence.
(C) If the defendant lacks fitness to proceed but does not present a danger to himself or herself or to the person or property of another, the court may release the defendant
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-310
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-2-310. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-314. Acquittal — Examination of defendant — Hearing.
(a) When a defendant is acquitted due to the defendant's lack of criminal responsibility, a circuit court is required to determine, and to include the determination in the order of acquittal, one (1) of the following:
(1) The offense involved bodily injury to another person or serious damage to the property of another person or involved a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant remains affected by mental disease or defect;
(2) The offense involved bodily injury to another person or serious damage to the property of another person or involved a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant is no longer affected by mental disease or defect;
(3) The offense did not involve bodily injury to another person or serious damage to the property of another person nor did it involve substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant remains affected by mental disease or defect; or
(4) The offense did not involve bodily injury to another person or serious damage to the property of another person nor did it involve a substantial risk of bodily injury to another person or serious damage to the property of another person, and that the defendant is no longer affected by mental disease or defect.
(b)(1) If the circuit court enters a determination based on subdivision (a)(1) or subdivision (a)(3) of this section, the circuit court shall order the defendant committed to the custody of the Department of Human Services for an examination by a psychiatrist or a licensed psychologist
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-314
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-2-314. This identifies an authority to review, not proof of applicability.