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5-2-310. Lack of fitness to proceed — Procedures subsequent to finding.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-2-310
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3869b6c93793c72971545550164840cb2c6de12962a11b6f9ad36671c30e43d6
Source location: content.xml paragraph 1774
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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 on conditions the court determines to be proper.
(D) If the defendant lacks fitness to proceed and presents a danger to himself or herself or the person or property of another, the court shall order the department to petition for an involuntary admission.
(E) Upon filing of an order finding that the defendant lacks fitness to proceed issued under subdivision (b)(2)(A) of this section with a circuit clerk or a probate clerk, the circuit clerk or the probate clerk shall submit a copy of the order to the Arkansas Crime Information Center.
(c)(1) On the court's own motion or upon application of the department, the prosecuting attorney, or the defendant, and after a hearing if a hearing is requested, if the court determines that the defendant has regained fitness to proceed, the criminal proceeding shall be resumed.
(2) However, if the court is of the view that so much time has elapsed since the alleged commission of the offense in question that it would be unjust to resume the criminal proceeding, the court may dismiss the charge.
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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.