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5-2-308. Expert witnesses — Mental health examiner.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-308. Expert witnesses — Mental health examiner.
(a)(1) At a hearing concerning a defendant's lack of criminal responsibility or fitness to proceed, or upon trial, an examiner who conducted an examination under § 5-2-327 or § 5-2-328 may be called as a witness by the prosecution, the defendant, or the court.
(2) If the examiner is called by the court, he or she is subject to cross-examination by the prosecution and by the defendant.
(b) Both the prosecution and the defendant may summon any other qualified physician or other expert to testify.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-308
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:5-2-308
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 12712545dbab65b2d0b02fe0c011a0dea38156736a053f44d3abadeaf8bd4a81
Source location: content.xml paragraph 1716
Stored source content
5-2-308. Expert witnesses — Mental health examiner.
(a)(1) At a hearing concerning a defendant's lack of criminal responsibility or fitness to proceed, or upon trial, an examiner who conducted an examination under § 5-2-327 or § 5-2-328 may be called as a witness by the prosecution, the defendant, or the court.
(2) If the examiner is called by the court, he or she is subject to cross-examination by the prosecution and by the defendant.
(b) Both the prosecution and the defendant may summon any other qualified physician or other expert to testify.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-327. Examination of defendant — Fitness to proceed.
(a)(1) Any party or the court may raise the issue of the defendant's fitness to proceed.
(2) The court shall order an examination under this section if it finds there is a reasonable suspicion that a defendant is not fit to proceed.
(3)(A) Subject to §§ 5-2-304 and 5-2-311, the court shall immediately suspend further proceedings in a prosecution if it has ordered an examination under this section.
(B)(i) If a jury has been impaneled and the court suspends proceedings under subdivision (a)(3)(A) of this section, the court may retain the jury or declare a mistrial and discharge the jury.
(ii) A discharge of the jury is not a bar to further prosecution.
(4) If a court suspends further proceedings in the prosecution under subdivision (a)(3)(A) of this section, the court shall enter an order:
(A) Appointing one (1) or more experts who do not practice in the Arkansas State Hospital to examine the defendant and report on the defendant's mental condition; or
(B)(i) Directing the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to provide an expert who will examine and report upon the defendant's mental condition.
(ii) The director or his or her designee shall determine the location of the examination required under subdivision (a)(4)(B)(i) of this section.
(b) An examination ordered under this section shall be for a period not exceeding sixty (60) days unless the director or his or her designee determines a longer period of examination is necessary for the purpose of the examination.
(c)(1) A uniform order to be used by a court ordering an examination of a defendant's fitness to proceed under this section shall be developed by the Administrat
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-327
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 5-2-327. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-328. Examination of defendant — Affirmative defense of lack of criminal responsibility.
(a)(1) Subject to § 5-2-311, if and only if a defendant charged in circuit court files a notice of intent to raise the affirmative defense of lack of criminal responsibility under § 5-2-304, the circuit court shall immediately suspend any further proceedings.
(2) When the defendant files notice under subdivision (a)(1) of this section, then the circuit court may on its own motion or on the motion of the prosecuting attorney or the defense attorney enter an order appointing one (1) or more disinterested experts to examine the defendant with regard to the defense of lack of criminal responsibility.
(3)(A) An examination under this section shall be for a period not exceeding sixty (60) days or a longer period as the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee determines to be necessary for the purpose of the examination.
(B)(i) A person designated by the circuit court to perform an examination under this section shall file the examination report with the clerk of the circuit court ordering the examination.
(ii) An examination report filed under this subdivision (a)(3)(B) is a public record.
(iii) A copy of the examination report shall be provided by the clerk to the defendant's attorney and the prosecuting attorney.
(b)(1) A uniform order to be used by a circuit court ordering an examination of a defendant's lack of criminal responsibility under this section shall be developed by the Administrative Office of the Courts in conjunction with the following organizations:
(A) The Arkansas Prosecuting Attorneys Association;
(B) The Department of Human Services; and
(C) The Arkansas
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-328
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 5-2-328. This identifies an authority to review, not proof of applicability.