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16-86-102. Examination and observation generally.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-86-102. Examination and observation generally.
(a)(1) Whenever a prosecution for any crime has been instituted in the circuit court by indictment or information, the court, subject to the provisions of §§ 5-2-304 and 5-2-311, shall immediately suspend all further proceedings in the prosecution if:
(A) The defendant files notice that he or she intends to rely upon the defense of mental disease or defect; or
(B) There is reason to believe that mental disease or defect of the defendant will or has become an issue in the case;
(C) The defendant files notice that he or she will put in issue his or her fitness to proceed; or
(D) There is reason to doubt his or her fitness to proceed.
(2) If a trial jury has been impaneled, the court may retain the jury or declare a mistrial and discharge the jury.
(3) A discharge of the jury shall not be a bar to future prosecution.
(b)(1) Upon the issuance of an order for the examination and observation of the defendant, the court shall direct the circuit clerk to notify the prosecuting attorney and the counsel for the defendant of the issuance of the order.
(2)(A) The action of the court in ordering that the defendant undergo examination and observation shall not preclude the state or the defendant from calling expert witnesses to testify at the trial.
(B) The expert witness shall have free access to the defendant for the purpose of observation and examination when the defendant is in the custody of local, county, or state law enforcement or state mental health facilities.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-86-102
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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Record provenance
Stable record: arkansas_code:legal_authorities:16-86-102
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5bdd3d81c9444694107e10a9c7c1ab92079e3b18beb18495a75a2fd78fc45723
Source location: content.xml paragraph 30712
Stored source content
16-86-102. Examination and observation generally.
(a)(1) Whenever a prosecution for any crime has been instituted in the circuit court by indictment or information, the court, subject to the provisions of §§ 5-2-304 and 5-2-311, shall immediately suspend all further proceedings in the prosecution if:
(A) The defendant files notice that he or she intends to rely upon the defense of mental disease or defect; or
(B) There is reason to believe that mental disease or defect of the defendant will or has become an issue in the case;
(C) The defendant files notice that he or she will put in issue his or her fitness to proceed; or
(D) There is reason to doubt his or her fitness to proceed.
(2) If a trial jury has been impaneled, the court may retain the jury or declare a mistrial and discharge the jury.
(3) A discharge of the jury shall not be a bar to future prosecution.
(b)(1) Upon the issuance of an order for the examination and observation of the defendant, the court shall direct the circuit clerk to notify the prosecuting attorney and the counsel for the defendant of the issuance of the order.
(2)(A) The action of the court in ordering that the defendant undergo examination and observation shall not preclude the state or the defendant from calling expert witnesses to testify at the trial.
(B) The expert witness shall have free access to the defendant for the purpose of observation and examination when the defendant is in the custody of local, county, or state law enforcement or state mental health facilities.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-304. Notice requirement.
(a) When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.
(b)(1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.
(2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328, the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-304
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 5-2-304. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 upon:
(1) A ground that the:
(A) Indictment is insufficient;
(B) Statute of limitations has run; or
(C) Prosecution is barred by a former prosecution; or
(2) Any other ground that the court deems susceptible of fair determination prior to trial.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-311
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 5-2-311. This identifies an authority to review, not proof of applicability.