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16-100-205. Eligible persons — Waiver of certain rights.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-100-205. Eligible persons — Waiver of certain rights.
(a) A person is eligible for participation in a mental health specialty court program if:
(1) The person has a mental illness;
(2) The person is charged with a criminal offense other than a criminal offense listed in subsection (b) of this section;
(3) The person waives his or her rights to a speedy trial and other rights as determined by the mental health specialty court and executes a consent for a limited release of confidential information regarding mental health treatment permitting the mental health specialty court, the prosecuting attorney, and the defense attorney access to information relating to attendance, attitude, participation, results of drug screens if ordered, and all pertinent medical records; and
(4)(A) The person is eighteen (18) years of age or older.
(B) Subdivision (a)(4)(A) of this section may be waived with the consent of the prosecuting attorney.
(b) A person charged with one (1) or more of the following offenses is ineligible to participate in a mental health specialty court program:
(1) A serious felony involving violence as defined in § 5-4-501(c)(2);
(2) A felony offense that would require the person to register as a sex offender; or
(3) An offense specifically excluded by the rules of a specific mental health specialty court program.
(c) This subchapter does not require a mental health specialty court to consider or accept every person with a treatable mental health condition, regardless of the fact that the criminal offense for which the person is charged is eligible for consideration in the mental health specialty court program.
(d) A person who is denied entry into a mental health specialty court program is subject to prosecution for the criminal offense wi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-100-205
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:16-100-205
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ff398fc41f2b5b5ae28994e89877f3a3fd1a5e9f788009364bc68f460c957b8b
Source location: content.xml paragraph 41610
Stored source content
16-100-205. Eligible persons — Waiver of certain rights.
(a) A person is eligible for participation in a mental health specialty court program if:
(1) The person has a mental illness;
(2) The person is charged with a criminal offense other than a criminal offense listed in subsection (b) of this section;
(3) The person waives his or her rights to a speedy trial and other rights as determined by the mental health specialty court and executes a consent for a limited release of confidential information regarding mental health treatment permitting the mental health specialty court, the prosecuting attorney, and the defense attorney access to information relating to attendance, attitude, participation, results of drug screens if ordered, and all pertinent medical records; and
(4)(A) The person is eighteen (18) years of age or older.
(B) Subdivision (a)(4)(A) of this section may be waived with the consent of the prosecuting attorney.
(b) A person charged with one (1) or more of the following offenses is ineligible to participate in a mental health specialty court program:
(1) A serious felony involving violence as defined in § 5-4-501(c)(2);
(2) A felony offense that would require the person to register as a sex offender; or
(3) An offense specifically excluded by the rules of a specific mental health specialty court program.
(c) This subchapter does not require a mental health specialty court to consider or accept every person with a treatable mental health condition, regardless of the fact that the criminal offense for which the person is charged is eligible for consideration in the mental health specialty court program.
(d) A person who is denied entry into a mental health specialty court program is subject to prosecution for the criminal offense with which he or she was charged as provided by law.
(e) A mental health specialty court may require the circuit court clerk or probate clerk to submit to the Arkansas Crime Information Center a copy of an order transferring a person to the mental health specialty court.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-501. Habitual offenders — Sentencing for felony.
(a)(1) A defendant meeting the following criteria may be sentenced to pay any fine authorized by law for the felony conviction and to an extended term of imprisonment as set forth in subdivision (a)(2) of this section:
(A) A defendant who:
(i) Is convicted of a felony other than those enumerated in subsections (c) and (d) of this section committed after June 30, 1993; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies or who has been found guilty of more than one (1) but fewer than four (4) felonies;
(B) A defendant who:
(i) Is convicted of any felony enumerated in subsection (c) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (c) of this section or who has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (c) of this section; or
(C) A defendant who:
(i) Is convicted of any felony enumerated in subsection (d) of this section committed after August 31, 1997; and
(ii) Has previously been convicted of more than one (1) felony but fewer than four (4) felonies not enumerated in subsection (d) of this section or has been found guilty of more than one (1) but fewer than four (4) felonies not enumerated in subsection (d) of this section.
(2) The extended term of imprisonment for a defendant described in subdivision (a)(1) of this section is as follows:
(A) For a conviction of a Class Y felony, a term of imprisonment of not less than ten (10) years nor more than sixty (60) years, or life;
(B) For a conviction of a Class A felony, a term of imprisonment of not less than six (6
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-501
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 5-4-501. This identifies an authority to review, not proof of applicability.