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5-2-313. Acquittal based on lack of criminal responsibility report.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-313. Acquittal based on lack of criminal responsibility report.
(a) On the basis of the report filed under § 5-2-328 and after a hearing, if a hearing is requested, the court may enter judgment of acquittal on the ground of lack of criminal responsibility if the court is satisfied that the following criteria are met:
(1) The defendant currently has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; and
(2) At the time of the conduct charged, the defendant lacked criminal responsibility.
(b) If the defendant did not raise the issue of lack of criminal responsibility as an affirmative defense under § 5-2-328, then the court is required to make a factual determination that the defendant committed the offense and that he or she lacked criminal responsibility at the time of the commission of the offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-313
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:5-2-313
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 281c129c020031a183a13a339f2deecd91ed7f5b259e9e92b0e7465ff6d645c0
Source location: content.xml paragraph 1936
Stored source content
5-2-313. Acquittal based on lack of criminal responsibility report.
(a) On the basis of the report filed under § 5-2-328 and after a hearing, if a hearing is requested, the court may enter judgment of acquittal on the ground of lack of criminal responsibility if the court is satisfied that the following criteria are met:
(1) The defendant currently has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; and
(2) At the time of the conduct charged, the defendant lacked criminal responsibility.
(b) If the defendant did not raise the issue of lack of criminal responsibility as an affirmative defense under § 5-2-328, then the court is required to make a factual determination that the defendant committed the offense and that he or she lacked criminal responsibility at the time of the commission of the offense.
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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.