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16-90-1109. Information concerning confinement or commitment.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-90-1109. Information concerning confinement or commitment.
(a)(1) Upon request of the victim, the Division of Correction, the Arkansas State Hospital, a local or regional hospital, local or regional mental health facility, or any other facility to which the defendant is committed by the court shall:
(A) Promptly inform the victim, through the use of the victim notification system under § 12-12-1201 et seq. or other method of personal communication, of the estimated date of the defendant's release from confinement from a court-ordered commitment under § 5-2-301 et seq., if reasonably ascertainable;
(B) Inform the victim at least thirty (30) days before release of the defendant on furlough or to a work release, halfway house, or other community program, if applicable;
(C) Inform the victim as soon as possible but preferably at least thirty (30) days before release of the defendant from a local or regional hospital or local or regional mental health facility, if applicable; and
(D) Promptly inform the victim of the occurrence of any of the following events concerning the defendant:
(i) An escape from a correctional or mental health facility or community program;
(ii) A recapture;
(iii) A decision of the Governor to commute the sentence or to pardon;
(iv) A release from confinement and any conditions attached to the release;
(v) A discharge or conditional release or modification of a previously ordered conditional release from a court-ordered commitment under § 5-2-315; or
(vi) The defendant's death.
(2) The requirement to inform a victim by a local or regional hospital or a local or regional mental health facility under this subsection may be accomplished by notifying by telephone or other electronic means the Arkansas State Hospital of the chang
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-90-1109
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:16-90-1109
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9460e8e8aa486d3f7443f9ffc99445affcd424e262dbc9947c064508c8858962
Source location: content.xml paragraph 35666
Stored source content
16-90-1109. Information concerning confinement or commitment.
(a)(1) Upon request of the victim, the Division of Correction, the Arkansas State Hospital, a local or regional hospital, local or regional mental health facility, or any other facility to which the defendant is committed by the court shall:
(A) Promptly inform the victim, through the use of the victim notification system under § 12-12-1201 et seq. or other method of personal communication, of the estimated date of the defendant's release from confinement from a court-ordered commitment under § 5-2-301 et seq., if reasonably ascertainable;
(B) Inform the victim at least thirty (30) days before release of the defendant on furlough or to a work release, halfway house, or other community program, if applicable;
(C) Inform the victim as soon as possible but preferably at least thirty (30) days before release of the defendant from a local or regional hospital or local or regional mental health facility, if applicable; and
(D) Promptly inform the victim of the occurrence of any of the following events concerning the defendant:
(i) An escape from a correctional or mental health facility or community program;
(ii) A recapture;
(iii) A decision of the Governor to commute the sentence or to pardon;
(iv) A release from confinement and any conditions attached to the release;
(v) A discharge or conditional release or modification of a previously ordered conditional release from a court-ordered commitment under § 5-2-315; or
(vi) The defendant's death.
(2) The requirement to inform a victim by a local or regional hospital or a local or regional mental health facility under this subsection may be accomplished by notifying by telephone or other electronic means the Arkansas State Hospital of the change of status of the defendant, and the Arkansas State Hospital shall then notify the victim through the victim notification system under § 12-12-1201 et seq. or other method of personal communication.
(b)(1) At least thirty (30) days before a Parole Board hearing concerning the defendant, if requested by the victim, the board shall inform the victim of the hearing and of the victim's right to submit to the board a victim impact statement and shall promptly inform the victim of any decision of the board.
(2)(A) It is the responsibility of the victim or his or her next of kin to notify the board of any change in address or telephone number.
(B) It is the responsibility of the victim or his or her next of kin to notify the board after the date of commitment of any change in regard to the desire to be notified of any future parole hearings.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1201. Authorization.
The Arkansas Crime Information Center is authorized to develop and operate a computerized victim notification system which shall provide:
(1) A mechanism for victims of criminal offenses or the victim's next of kin to access information about proceedings in the criminal justice and corrections systems by use of a twenty-four-hour toll-free in-watts telephone service; and
(2) Automatic notification by computerized telephone service to the victims of criminal offenses or the victim's next of kin of:
(A) An inmate's, parolee's, or probationer's status, including the location of the inmate, parolee, or probationer; and
(B) A person's release or modification of a conditional release from the custody of the Arkansas State Hospital, a local or regional hospital, a local or regional mental health facility, or a local or regional jail to which the person has been committed by a court when the person committed a criminal act against the victim but was adjudicated in the criminal case to have a mental disease or defect under § 5-2-301 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1201
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 12-12-1201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 and treatment for mental disease or defect;
(2) “Compliance monitor” means either a social service representative or licensed social worker, or both, employed by the Department of Human Services for the purpose of, including, but not limited to:
(A) Verifying that a person conditionally released pursuant to a provision of this subchapter is in compliance with the conditions for release;
(B) Providing social service assistance to a person conditionally released pursuant to a provision of this subchapter; and
(C) Reporting compliance with the conditions for release or lack of compliance with the conditions for release to the appropriate circuit court;
(3) “Designated receiving facility or program” means an inpatient or outpatient treatment facility or program that is designated within each geographic area of the state by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to accept the responsibility for the care, custody, and treatment of a person involuntarily admitted to the state mental health system;
(4) “Expert” means a qualified psychiatrist or a qualified psychologist;
(5) “Frivolous” means clearly lacking any basis in fact or law;
(6) “Lack of criminal responsibility” means that due to a mental disease or defect a defendant lacked the capacity at the time of the alleged offense to either:
(A) Appreciate the criminality of his or her conduct; or
(B) Conform his or her conduct to the requirements of the law;
(7)(A) “Mental disease or defect” means a:
(i) Substantial disorder of thought, mood, perception, orien
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-301
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 5-2-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-315. Discharge or conditional release.
(a)(1)(A) When the Secretary of the Department of Human Services or his or her designee determines that a person acquitted has recovered from his or her mental disease or defect to such an extent that his or her release or his or her conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to the property of another person, the secretary shall promptly file an application for discharge or conditional release of the person acquitted with the circuit court that ordered the commitment.
(B) In addition, if the person acquitted has an impairment due to alcohol or substance abuse, the secretary may petition the circuit court for involuntary commitment under § 20-64-815.
(2) The secretary shall send a copy of the application to the counsel for the person acquitted and to the attorney for the state.
(b)(1) Within twenty (20) days after receiving the application for discharge or conditional release of the person acquitted, the attorney for the state may petition the circuit court for a hearing to determine whether the person acquitted should be released.
(2) If the attorney for the state does not request a hearing, the circuit court may conduct a hearing on its own motion or discharge the person acquitted.
(c) If the circuit court finds after a hearing under subsection (b) of this section by the standard specified in § 5-2-314(e) that the person acquitted has recovered from his or her mental disease or defect to such an extent that:
(1) The discharge of the person acquitted would no longer create a substantial risk of bodily injury to another person or serious damage to property o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-315
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 5-2-315. This identifies an authority to review, not proof of applicability.