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5-2-329. Data to be maintained by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-2-329. Data to be maintained by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
(a)(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall maintain a database of all examinations of defendants performed under this subchapter.
(2) The database shall be maintained in a manner that enables it to generate reports and compile data with or without personal identifying information.
(3) The database shall contain without limitation:
(A) The defendant's information on the uniform order required under § 5-2-327 or § 5-2-328;
(B) The name of the judge who ordered the examination, if known;
(C) The name of the attorney who requested the examination, if known;
(D) The name of the examiner who conducted the examination;
(E) The result of the examination;
(F) If the defendant was examined regarding his or her fitness to proceed, whether the defendant had his or her fitness to proceed restored; and
(G) If the defendant was found not guilty or acquitted because of the affirmative defense of lack of criminal responsibility, the defendant's progress through his or her commitment and conditional release.
(b) The database should be designed in a manner that allows reports to be generated for the General Assembly, researchers, and the public to track the efficiency and effectiveness of the examination process and the restoration and treatment programs of the division without invading the privacy of individual defendants and patients.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-2-329
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:5-2-329
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 63e49191bd2360056d58090cc0922f52205c317ef68464f9d66e7615c51ac28b
Source location: content.xml paragraph 2325
Stored source content
5-2-329. Data to be maintained by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
(a)(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall maintain a database of all examinations of defendants performed under this subchapter.
(2) The database shall be maintained in a manner that enables it to generate reports and compile data with or without personal identifying information.
(3) The database shall contain without limitation:
(A) The defendant's information on the uniform order required under § 5-2-327 or § 5-2-328;
(B) The name of the judge who ordered the examination, if known;
(C) The name of the attorney who requested the examination, if known;
(D) The name of the examiner who conducted the examination;
(E) The result of the examination;
(F) If the defendant was examined regarding his or her fitness to proceed, whether the defendant had his or her fitness to proceed restored; and
(G) If the defendant was found not guilty or acquitted because of the affirmative defense of lack of criminal responsibility, the defendant's progress through his or her commitment and conditional release.
(b) The database should be designed in a manner that allows reports to be generated for the General Assembly, researchers, and the public to track the efficiency and effectiveness of the examination process and the restoration and treatment programs of the division without invading the privacy of individual defendants and patients.
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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.