Arkansas 2025 Regular Session

Arkansas Senate Bill SB313 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 733 of the Regular Session
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4		-
5		-	State of Arkansas As Engrossed: S3/6/25 H4/9/25 1
	2	+	CEB126 02/26/2025 9:18:47 AM CEB126
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 SENATE BILL 313 3
8	6		4
9	7		By: Senators Irvin, B. Davis, J. English 5
10	8		By: Representatives K. Moore, Vaught, Barker, Bentley, A. Brown, K. Brown, R. Burkes, Cavenaugh, 6
11	9		Crawford, Dalby, Duke, Henley, Lundstrum, J. Mayberry, McAlindon 7
12	10		8
13	11		For An Act To Be Entitled 9
14	12		AN ACT CONCERNING FORENSIC MENTAL HEALTH EVALUATIONS 10
15	13		AND TREATMENT; TO PROMOTE AND IMPROVE EFFICIENCIES 11
16	14		AND QUALITY IN THE DEPARTMENT OF HUMAN SERVICES; AND 12
17	15		FOR OTHER PURPOSES. 13
18	16		14
19	17		15
20	18		Subtitle 16
21	19		CONCERNING FORENSIC MENTAL HEALTH 17
22	20		EVALUATIONS AND TREATMENT; AND TO 18
23	21		PROMOTE AND IMPROVE EFFICIENCIES AND 19
24	22		QUALITY IN THE DEPARTMENT OF HUMAN 20
25	23		SERVICES. 21
26	24		22
27	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
28	26		24
29	27		SECTION 1. Arkansas Code § 5 -2-301(3), concerning the definition of 25
30	28		"designated receiving facility or program" regarding mental disease or 26
31	29		defect, is amended to read as follows: 27
32	30		(3) “Designated receiving facility or program” means an 28
33	31		inpatient or outpatient treatment facility or program that is designated 29
34	32		within each geographic area of the state by the Director of the Division of 30
35	33		Aging, Adult, and Behavioral Health Services of the Department of Human 31
36	34		Services to accept the responsibility for the care, custody, and treatment of 32
37	35		a person involuntarily admitted committed to the state mental health system 33
38	36		for mental health treatment ; 34
39	37		35
40		-	SECTION 2. Arkansas Code § 5 -2-301(5), concerning the definition of 36 ~~As Engrossed: S3/6/25 H4/9/25~~ SB313
	38	+	SECTION 2. Arkansas Code § 5 -2-301(5), concerning the definition of 36 SB313
41	39
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43		-
44		-
	40	+	2 02/26/2025 9:18:47 AM CEB126
45	41		"frivolous" regarding mental disease or defect, is amended to read as 1
46	42		follows: 2
47	43		(5) “Frivolous” means clearly lacking any a reasonable basis in 3
48	44		fact or law; 4
49	45		5
50	46		SECTION 3. Arkansas Code § 5 -2-301, concerning the definitions used 6
51	47		regarding mental disease or defect, is amended to add an additional 7
52	48		subdivision to read as follows: 8
53	49		(14)(A) "Jail-based restoration services" means clinical and 9
54	50		educational services provided in a county jail to a defendant to assist in 10
55	51		the restoration of the defendant's fitness to proceed. 11
56	52		(B) "Jail-based restoration services" includes without 12
57	53		limitation mental health treatment, medical treatment, and substance abuse 13
58	54		treatment. 14
59	55		15
60	56		SECTION 4. Arkansas Code § 5 -2-304 is amended to read as follows: 16
61	57		5-2-304. Notice requirement. 17
62	58		(a) When a defendant intends to raise lack of criminal responsibility 18
63	59		as a an affirmative defense in a prosecution or put in issue his or her 19
64	60		fitness to proceed, the defendant shall notify the prosecutor and the court 20
65	61		at the earliest practicable time. 21
66	62		(b)(1) Failure to notify the prosecutor within a reasonable time 22
67	63		before the trial date entitles the prosecutor to a continuance that for 23
68	64		limitation purposes is deemed an excluded period granted on application of 24
69	65		the defendant. 25
70	66		(2) Alternatively, in lieu of suspending any further proceedings 26
71	67		under § 5-2-328, the court may order the immediate examination of the 27
72	68		defendant at a designated receiving facility or program by an expert. 28
73	69		(c) When the court or a party in a criminal proceeding has reason to 29
74	70		believe that a defendant is not fit to proceed, the court or a party shall 30
75	71		raise the question of the defendant’s fitness in the following manner: 31
76	72		(1) On its own motion, the court shall suspend the proceedings 32
77	73		and order an examination of the defendant pursuant to this subchapter; or 33
78		-	(2~~)(A~~) By written motion of the prosecutor or defense ~~counsel~~ 34
79		-	stating that the request is made in good faith and not for the ~~purpose~~ of 35
80		-	delay, and containing the facts and observations in support of the request. 36 ~~As Engrossed: S3/6/25 H4/9/25~~ SB313
	74	+	(2) By written motion of the prosecutor or defense council, 34
	75	+	stating that the request is made in good faith and not for the purposes of 35
	76	+	delay and containing the facts and observations in support of the request. 36 SB313
81	77
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	79	+	(d) When the defendant intends to raise the lack of criminal 1
	80	+	responsibility as an affirmative defense, the defendant shall file a notice 2
	81	+	of intent and the circuit court shall suspend all further proceedings. 3
	82	+	(e) Upon filing of an order for an examination of criminal 4
	83	+	responsibility or fitness to proceed with a circuit clerk: 5
	84	+	(1) The moving party shall immediately submit a copy of the 6
	85	+	order to the Department of Human Services; 7
	86	+	(2) The prosecutor shall submit a copy of the defendant’s case 8
	87	+	file to the department; 9
	88	+	(3) The attorney for the defendant shall submit to the 10
	89	+	department either: 11
	90	+	(A) A release of protected health information, signed by 12
	91	+	the defendant, with a list of all known previous healthcare providers; or 13
	92	+	(B) If the defendant cannot provide consent, a court order 14
	93	+	for the production of records; and 15
	94	+	(4) The attorney for the defendant shall make all reasonable 16
	95	+	efforts to provide any medical, psychiatric, or treatment records that may be 17
	96	+	relevant to the examination to the department. 18
	97	+	19
	98	+	SECTION 5. Arkansas Code § 5 -2-310 is amended to read as follows: 20
	99	+	5-2-310. Lack of fitness to proceed — Procedures subsequent to finding. 21
	100	+	(a)(1)(A) If the court determines that a defendant lacks fitness to 22
	101	+	proceed, the proceeding against him or her shall be suspended and the court 23
	102	+	may commit the defendant to the custody of the Department of Human Services 24
	103	+	for detention, care, and treatment until restoration of fitness to proceed. 25
	104	+	(B) If the court determines that a defendant lacks fitness 26
	105	+	to proceed because of a mental disease or defect that precludes the 27
	106	+	possibility of restoration, the court shall direct the defendant to available 28
	107	+	services and supports as recommended by the department. 29
	108	+	(C) However, if If the court is satisfied that the 30
	109	+	defendant may be released without danger to himself or herself or to the 31
	110	+	person or property of another, the court may order the defendant's release 32
	111	+	and the release shall continue at the discretion of the court on conditions 33
	112	+	the court determines necessary. 34
	113	+	(D) If the court finds that the defendant lacks fitness to 35
	114	+	proceed or that the defendant is fit to proceed but that the defendant’s 36 SB313
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	117	+	fitness to proceed depends on the continuation of appropriate treatment for a 1
	118	+	mental disease or defect, the court shall consider issues relating to 2
	119	+	treatment necessary to restore or maintain the defendant’s fitness to 3
	120	+	proceed. 4
	121	+	(E) If the court finds that the defendant may be treated 5
	122	+	in the community, the court may make receipt of reasonable medical treatment 6
	123	+	a condition of his or her release. 7
	124	+	(F) If the defendant is incarcerated, the court may order 8
	125	+	administration of medication to maintain the fitness of the defendant. 9
	126	+	(G) Days spent in the physical custody of the department 10
	127	+	under this subsection (a) are considered days spent in custody for 11
	128	+	determining credit for time served. 12
	129	+	(2) A copy of the report filed under § 5 -2-327 shall be attached 13
	130	+	to the order of commitment or order of conditional release. 14
	131	+	(3)(A) At any time after the issue of a defendant's fitness to 15
	132	+	proceed has been raised, the court may, on a motion of the state, dismiss all 16
	133	+	charges pending against the defendant. 17
	134	+	(B) If the court dismisses the charges pending against a 18
	135	+	defendant, the proceedings shall discontinue, and the defendant shall be 19
	136	+	discharged. 20
	137	+	(b)(1) Within a reasonable period of time , but in any case within ten 21
	138	+	(10) not to exceed six (6) months of a commitment pursuant to subsection (a) 22
	139	+	of this section, the department shall file with the committing court a 23
	140	+	written report indicating whether the defendant is fit to proceed, or if not, 24
	141	+	whether: 25
	142	+	(A) The defendant's mental disease or defect is of a 26
	143	+	nature precluding restoration of fitness to proceed or it does not appear 27
	144	+	that the defendant will become fit to proceed within the reasonably 28
	145	+	foreseeable future; and 29
	146	+	(B) The defendant presents a danger to himself or herself 30
	147	+	or to the person or property of another. 31
	148	+	(2)(A) The court shall make a determination within one (1) year 32
	149	+	eight (8) months of a commitment pursuant to subsection (a) of this section. 33
	150	+	(B) Pursuant to the report of the department or as a 34
	151	+	result of a hearing on the report, if the court determines that the defendant 35
	152	+	is fit to proceed, prosecution in ordinary course may commence. 36 SB313
84	153
85		-	(B) If the motion is denied, defense counsel may request 1
86		-	an ex parte or in camera filing and hearing if an ex parte or in camera 2
87		-	filing and hearing are necessary because the motion is based in whole or in 3
88		-	part on information protected by the attorney -client privilege. 4
89		-	(d) For good cause shown, a request for an evaluation may be made by 5
90		-	oral motion in court if the request: 6
91		-	(1) Is made in good faith and not for the purpose of delay; and 7
92		-	(2) Contains sufficient facts and observations in support of the 8
93		-	request for the court to consider the request. 9
94		-	(e) When the defendant intends to raise the lack of criminal responsibility 10
95		-	as an affirmative defense, the defendant shall file a notice of intent and 11
96		-	the circuit court shall suspend all further proceedings. 12
97		-	(f) Upon filing of an order for an examination of criminal 13
98		-	responsibility or fitness to proceed with a circuit clerk: 14
99		-	(1) The moving party shall immediately submit a copy of the 15
100		-	order to the Department of Human Services; 16
101		-	(2) The prosecutor shall submit a copy of the defendant’s case 17
102		-	file to the department; 18
103		-	(3) The attorney for the defendant shall submit to the 19
104		-	department either: 20
105		-	(A) A release of protected health information, signed by 21
106		-	the defendant, with a list of all known previous healthcare providers; or 22
107		-	(B) If the defendant cannot provide consent, a court order 23
108		-	for the production of records; and 24
109		-	(4) The attorney for the defendant shall make all reasonable 25
110		-	efforts to provide any medical, psychiatric, or treatment records that may be 26
111		-	relevant to the examination to the department. 27
112		-	28
113		-	SECTION 5. Arkansas Code § 5 -2-310 is amended to read as follows: 29
114		-	5-2-310. Lack of fitness to proceed — Procedures subsequent to finding. 30
115		-	(a)(1)(A) If the court determines that a defendant lacks fitness to 31
116		-	proceed, the proceeding against him or her shall be suspended and the court 32
117		-	may commit the defendant to the custody of the Department of Human Services 33
118		-	for detention, care, and treatment until restoration of fitness to proceed. 34
119		-	(B) If the court determines that a defendant lacks fitness 35
120		-	to proceed because of a mental disease or defect that precludes the 36 As Engrossed: S3/6/25 H4/9/25 SB313
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	155	+	(C) If the defendant lacks fitness to proceed but does not 1
	156	+	present a danger to himself or herself or to the person or property of 2
	157	+	another, the court may release the defendant on conditions the court 3
	158	+	determines to be proper. 4
	159	+	(D) If the defendant lacks fitness to proceed and presents 5
	160	+	a danger to himself or herself or the person or property of another, the 6
	161	+	court shall order the department to petition for an involuntary admission 7
	162	+	commitment. 8
	163	+	(E) Upon filing of an order finding that the defendant 9
	164	+	lacks fitness to proceed issued under subdivision (b)(2)(A) of this section 10
	165	+	with a circuit clerk or a probate clerk, the circuit clerk or the probate 11
	166	+	clerk shall submit a copy of the order to the Arkansas Crime Information 12
	167	+	Center. 13
	168	+	(c)(1) On the court's own motion or upon application of the 14
	169	+	department, the prosecuting attorney, or the defendant, and after a hearing 15
	170	+	if a hearing is requested, if the court determines that the defendant has 16
	171	+	regained fitness to proceed, the criminal proceeding shall be resumed. 17
	172	+	(2) If the defendant has been receiving and responding well to 18
	173	+	treatment, including medication, the court may make appropriate orders for 19
	174	+	the continued treatment or administration of medication, or both to maintain 20
	175	+	the fitness of the defendant throughout the remainder of the proceedings. 21
	176	+	(3) However, if the court is of the view that so much time has 22
	177	+	elapsed since the alleged commission of the offense in question that it would 23
	178	+	be unjust to resume the criminal proceeding, the court may dismiss the charge 24
	179	+	regardless of whether the defendant has regained fitness to proceed . 25
	180	+	(4)(A) On either the motion of the court or the state, a hearing 26
	181	+	shall be held to determine whether the charges against a defendant who lacks 27
	182	+	fitness to proceed due to mental disease or defect may be dismissed if the 28
	183	+	defendant remains without fitness to proceed for five (5) continuous years 29
	184	+	from the date of determination of lack of fitness. 30
	185	+	(B) If the charges are dismissed, the dismissal shall be 31
	186	+	without prejudice to the state. 32
	187	+	(C) If the court moves for a hearing, the state shall have 33
	188	+	notice of at least sixty (60) days before the hearing date unless the state 34
	189	+	consents to another date. 35
	190	+	(d)(1) Persons authorized by this section to administer treatment or 36 SB313
121	191
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	193	+	medication shall not be criminally liable for administering treatment or 1
	194	+	medication pursuant to this subchapter if done in good faith. 2
	195	+	(2) Persons authorized to administer treatment or medication 3
	196	+	shall not be civilly liable for such activities when the persons acted in a 4
	197	+	reasonable manner and according to generally accepted medical and other 5
	198	+	professional practices. 6
	199	+	(e)(1) A law enforcement officer or a corrections officer may employ 7
	200	+	reasonable force in cases where an individual refuses administration of 8
	201	+	court-ordered treatment or medication. 9
	202	+	(2) A law enforcement officer or a corrections officer shall not 10
	203	+	be criminally or civilly liable for the use of reasonable force under 11
	204	+	subdivision (e)(1) of this section. 12
	205	+	13
	206	+	SECTION 6. Arkansas Code Title 5, Chapter 2, Subchapter 3, is amended 14
	207	+	to add an additional section to read as follows: 15
	208	+	5-2-318. Restoration in county jails. 16
	209	+	(a) Jail-based restoration services shall be permitted through 17
	210	+	telehealth. 18
	211	+	(b) Jail-based restoration services that involve procedures other than 19
	212	+	or in addition to telehealth services may be provided upon the consent of the 20
	213	+	county sheriff or the keeper, superintendent, or administrator of the county 21
	214	+	jail. 22
	215	+	23
	216	+	SECTION 7. Arkansas Code § 5 -2-327 is amended to read as follows: 24
	217	+	5-2-327. Examination of defendant — Fitness to proceed. 25
	218	+	(a)(1)(A) Any party or the court may raise the issue of the 26
	219	+	defendant's fitness to proceed by written motion. 27
	220	+	(B) A written motion by the prosecuting attorney or 28
	221	+	defense counsel shall: 29
	222	+	(i) State that the motion for examination of the 30
	223	+	defendant is made in good faith and not for the purpose of delay; and 31
	224	+	(ii) Include facts and observations to support the 32
	225	+	motion for examination of the defendant. 33
	226	+	(2) The court shall order an examination under this section if 34
	227	+	it finds there is a reasonable suspicion that a defendant is not fit to 35
	228	+	proceed. 36 SB313
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	231	+	(3) The court may dismiss a motion for examination under this 1
	232	+	section if the court determines that the motion: 2
	233	+	(A) Is frivolous; or 3
	234	+	(B) Has stated no facts to support the request for 4
	235	+	examination. 5
	236	+	(3)(4)(A) Subject to §§ 5 -2-304 and 5-2-311, the court shall 6
	237	+	immediately suspend further proceedings in a prosecution if it has ordered an 7
	238	+	examination under this section. 8
	239	+	(B)(i) If a jury has been impaneled and the court suspends 9
	240	+	proceedings under subdivision (a)(3)(A) (a)(4)(A) of this section, the court 10
	241	+	may retain the jury or declare a mistrial and discharge the jury. 11
	242	+	(ii) A discharge of the jury is not a bar to further 12
	243	+	prosecution. 13
	244	+	(4)(5)(A) If a court suspends further proceedings in the 14
	245	+	prosecution under subdivision (a)(3)(A) (a)(4)(A) of this section, the court 15
	246	+	shall enter an order : 16
	247	+	(A) Appointing one (1) or more experts who do not practice 17
	248	+	in the Arkansas State Hospital to examine the defendant and report on the 18
	249	+	defendant's mental condition; or 19
	250	+	(B)(i) Directing directing the Director of the Division of 20
	251	+	Aging, Adult, and Behavioral Health Services of the Department of Human 21
	252	+	Services to provide an expert who will examine and report upon the 22
	253	+	defendant's mental condition. 23
	254	+	(ii)(B) The director or his or her designee shall 24
	255	+	determine the location of the examination required under subdivision 25
	256	+	(a)(4)(B)(i) (a)(5)(A) of this section. 26
	257	+	(b) An examination ordered under this section shall be for a period 27
	258	+	not exceeding sixty (60) days unless the director or his or her designee 28
	259	+	determines a longer period of examination is necessary for the purpose of the 29
	260	+	examination. 30
	261	+	(c) The department shall provide for or arrange the fitness to proceed 31
	262	+	examination of the defendant at a jail, prison, community setting, or 32
	263	+	psychiatric hospital. 33
	264	+	(d)(1) A uniform order to be used by a court ordering an examination 34
	265	+	of a defendant's fitness to proceed under this section shall be developed by 35
	266	+	the Administrative Office of the Courts in conjunction with the following 36 SB313
124	267
125		-	possibility of restoration, the court shall direct the defendant to available 1
126		-	services and supports as recommended by the department. 2
127		-	(C) However, if If the court is satisfied that the 3
128		-	defendant may be released without danger to himself or herself or to the 4
129		-	person or property of another, the court may order the defendant's release 5
130		-	and the release shall continue at the discretion of the court on conditions 6
131		-	the court determines necessary. 7
132		-	(D) If the court finds that the defendant lacks fitness to 8
133		-	proceed or that the defendant is fit to proceed but that the defendant’s 9
134		-	fitness to proceed depends on the continuation of appropriate treatment for a 10
135		-	mental disease or defect, the court shall consider issues relating to 11
136		-	treatment necessary to restore or maintain the defendant’s fitness to 12
137		-	proceed. 13
138		-	(E) If the court finds that the defendant may be treated 14
139		-	in the community, the court may make receipt of reasonable medical treatment 15
140		-	a condition of his or her release. 16
141		-	(F) The court may order the administration of medication 17
142		-	to maintain the fitness to proceed of an incarcerated defendant if the 18
143		-	defendant is a danger to himself or herself or others and refuses to take the 19
144		-	medication required to maintain his or her fitness to proceed. 20
145		-	(G) The court may order the administration of medication 21
146		-	to maintain the fitness to proceed of an incarcerated defendant if the 22
147		-	defendant is not a danger to himself or herself or others and refuses to take 23
148		-	the medication required to maintain his or her fitness to proceed if the 24
149		-	court finds that: 25
150		-	(i) The treatment is medically appropriate; 26
151		-	(ii) All less intrusive alternatives have been 27
152		-	considered; 28
153		-	(iii) The treatment is substantially unlikely to 29
154		-	produce a side effect that may undermine the fairness of the trial; and 30
155		-	(iv) There is a substantial government interest in 31
156		-	the prosecution of the defendant. 32
157		-	(H) Days spent in the physical custody of the department 33
158		-	under this subsection are considered days spent in custody for determining 34
159		-	credit for time served. 35
160		-	(2) A copy of the report filed under § 5 -2-327 shall be attached to the 36 As Engrossed: S3/6/25 H4/9/25 SB313
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	269	+	organizations: 1
	270	+	(A) The Arkansas Prosecuting Attorneys Association; 2
	271	+	(B) The Department of Human Services; and 3
	272	+	(C) The Arkansas Public Defender Commission. 4
	273	+	(2) The uniform order developed under this subsection shall 5
	274	+	contain the following information: 6
	275	+	(A) The defendant's name, age, gender, and race; 7
	276	+	(B) The criminal charges pending against the defendant; 8
	277	+	(C) The defendant's attorney's name and address; 9
	278	+	(D) The defendant's custody status; 10
	279	+	(E) The case number for which the examination was ordered; 11
	280	+	(F) A unique identifying number on the incident reporting 12
	281	+	form as required by the Arkansas Crime Information Center; and 13
	282	+	(G) The name of the requesting attorney, if applicable ; 14
	283	+	and 15
	284	+	(H) An authorization to release and receive protected 16
	285	+	health information. 17
	286	+	(3) An examination under this section shall not be conducted 18
	287	+	without using the uniform order required under this subsection. 19
	288	+	(4) The uniform order shall require the prosecuting attorney to 20
	289	+	provide to the examiner any information relevant to the examination, 21
	290	+	including without limitation: 22
	291	+	(A) The name and address of any attorney involved in the 23
	292	+	matter; and 24
	293	+	(B) Information about the alleged offense. 25
	294	+	(5) The court may shall require the attorney for the defendant 26
	295	+	to make all reasonable efforts to provide to the examiner any available 27
	296	+	information relevant to the examination, including without limitation: 28
	297	+	(A) Psychiatric records; 29
	298	+	(B) Medical records; or 30
	299	+	(C) Records pertaining to treatment of the defendant for 31
	300	+	substance or alcohol abuse. 32
	301	+	(d)(e)(1) An examination report ordered under this section shall be 33
	302	+	filed with the clerk of the court ordering the examination and is a public 34
	303	+	record. 35
	304	+	(2) The court clerk shall provide copies of the examination 36 SB313
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	307	+	report to the defendant's attorney and the prosecuting attorney. 1
	308	+	(e)(f)(1) An examination report prepared by an examiner ordered under 2
	309	+	this section shall: 3
	310	+	(A) Contain an opinion as to whether or not the defendant 4
	311	+	is fit to proceed and the basis for the opinion; 5
	312	+	(B) Contain an opinion as to whether the defendant has a 6
	313	+	mental disease or defect; 7
	314	+	(C) Contain a substantiated diagnosis in the terminology 8
	315	+	of the American Psychiatric Association's most current edition of the 9
	316	+	Diagnostic and Statistical Manual of Mental Disorders; 10
	317	+	(D) Document that the examiner explained to the defendant: 11
	318	+	(i) The purpose of the examination; 12
	319	+	(ii) The persons to whom the examination report is 13
	320	+	provided; and 14
	321	+	(iii) The limits on rules of confidentiality 15
	322	+	applying to the relationship between the examiner and the defendant; and 16
	323	+	(E) Describe, in specific terms: 17
	324	+	(i) The procedures, techniques, and tests used in 18
	325	+	the examination; 19
	326	+	(ii) The purpose of each procedure, technique, or 20
	327	+	test; and 21
	328	+	(iii) The conclusions reached ; and 22
	329	+	(F) An opinion as to whether the defendant: 23
	330	+	(i) Presents a substantial danger to himself or 24
	331	+	herself, others, or property; and 25
	332	+	(ii) Presents a substantial risk to public safety 26
	333	+	without a prescribed regimen of medical, psychiatric, or psychological care 27
	334	+	or treatment. 28
	335	+	(2) An examiner's opinion on the defendant's fitness to proceed 29
	336	+	or lack of fitness to proceed may not be based solely on the defendant's 30
	337	+	refusal to communicate during the examination. 31
	338	+	(3)(A) During an examination to determine a defendant's fitness 32
	339	+	to proceed and in any examination report based on that examination, an 33
	340	+	examiner shall consider: 34
	341	+	(i) The capacity of the defendant during criminal 35
	342	+	proceedings to: 36 SB313
163	343
	344	+	10 02/26/2025 9:18:47 AM CEB126
	345	+	(a) Rationally understand the charges against 1
	346	+	him or her and the potential consequences of the pending criminal 2
	347	+	proceedings; 3
	348	+	(b) Disclose to the defendant's attorney 4
	349	+	pertinent facts, events, and states of mind; 5
	350	+	(c) Engage in a reasoned choice of legal 6
	351	+	strategies and options; 7
	352	+	(d) Understand the adversarial nature of 8
	353	+	criminal proceedings; 9
	354	+	(e) Exhibit appropriate courtroom behavior; 10
	355	+	and 11
	356	+	(f) Testify; 12
	357	+	(ii) As supported by current indications and the 13
	358	+	defendant's personal history, whether the defendant is a person with: 14
	359	+	(a) A mental disease or defect; or 15
	360	+	(b) An intellectual disability; and 16
	361	+	(iii) The degree of impairment resulting from the 17
	362	+	mental disease or defect or intellectual disability, if existent, and the 18
	363	+	specific impact on the defendant's capacity to engage with the defendant's 19
	364	+	attorney in an effective manner. 20
	365	+	(B) The information or lack of information contained in 21
	366	+	the examiner's report is not intended to limit the introduction of evidence 22
	367	+	regarding the defendant's fitness to proceed. 23
	368	+	(4) If the examiner concludes that the defendant lacks fitness 24
	369	+	to proceed, the report shall contain: 25
	370	+	(A) An opinion of the condition causing the lack of 26
	371	+	fitness to proceed; 27
	372	+	(B) An opinion of the treatment necessary for the 28
	373	+	defendant to obtain fitness to proceed; and 29
	374	+	(C) An opinion on the likelihood of the defendant 30
	375	+	attaining fitness to proceed under treatment. 31
	376	+	(f)(g) This subchapter does not preclude the defendant from having an 32
	377	+	examination conducted by an expert of the defendant's own choosing to 33
	378	+	determine the defendant's fitness to proceed, and the court shall provide the 34
	379	+	defendant's expert with a reasonable opportunity to examine the defendant 35
	380	+	upon a timely request. 36 SB313
164	381
165		-	order of commitment or order of conditional release. 1
166		-	(3)(A) At any time after the issue of a defendant's fitness to 2
167		-	proceed has been raised, the court may, on a motion of the state, dismiss all 3
168		-	charges pending against the defendant. 4
169		-	(B) If the court dismisses the charges pending against a 5
170		-	defendant, the proceedings shall discontinue, and the defendant shall be 6
171		-	discharged. 7
172		-	(b)(1) Within a reasonable period of time , but in any case within ten 8
173		-	(10) not to exceed six (6) months of a commitment pursuant to subsection (a) 9
174		-	of this section, the department shall file with the committing court a 10
175		-	written report indicating whether the defendant is fit to proceed, or if not, 11
176		-	whether: 12
177		-	(A) The defendant's mental disease or defect is of a 13
178		-	nature precluding restoration of fitness to proceed or it does not appear 14
179		-	that the defendant will become fit to proceed within the reasonably 15
180		-	foreseeable future; and 16
181		-	(B) The defendant presents a danger to himself or herself 17
182		-	or to the person or property of another. 18
183		-	(2)(A) The court shall make a determination within one (1) year 19
184		-	eight (8) months of a commitment pursuant to subsection (a) of this section. 20
185		-	(B) Pursuant to the report of the department or as a 21
186		-	result of a hearing on the report, if the court determines that the defendant 22
187		-	is fit to proceed, prosecution in ordinary course may commence. 23
188		-	(C) If the defendant lacks fitness to proceed but does not 24
189		-	present a danger to himself or herself or to the person or property of 25
190		-	another, the court may release the defendant on conditions the court 26
191		-	determines to be proper. 27
192		-	(D) If the defendant lacks fitness to proceed and presents 28
193		-	a danger to himself or herself or the person or property of another, the 29
194		-	court shall order the department to petition for an involuntary admission 30
195		-	commitment. 31
196		-	(E) Upon filing of an order finding that the defendant 32
197		-	lacks fitness to proceed issued under subdivision (b)(2)(A) of this section 33
198		-	with a circuit clerk or a probate clerk, the circuit clerk or the probate 34
199		-	clerk shall submit a copy of the order to the Arkansas Crime Information 35
200		-	Center. 36 As Engrossed: S3/6/25 H4/9/25 SB313
	382	+	11 02/26/2025 9:18:47 AM CEB126
	383	+	(g)(h) When the defendant has previously been found fit to proceed, 1
	384	+	the court may order a second or subsequent examination to determine a 2
	385	+	defendant's fitness to proceed only if the court: 3
	386	+	(1) Finds reasonable cause to believe that new or previously 4
	387	+	undiscovered evidence calls into question the factual, legal, or scientific 5
	388	+	basis of the opinion upon which the previous finding of fitness relied; 6
	389	+	(2) Finds reasonable cause to believe that the defendant's 7
	390	+	mental condition has changed; or 8
	391	+	(3) Sets forth in the order a factual or legal basis upon which 9
	392	+	to order another examination. 10
	393	+	(h)(i) Upon completion of examination under this section, the court 11
	394	+	may enter an order providing for further examination of the defendant and may 12
	395	+	order the defendant into the custody of the director for further examination 13
	396	+	and observation if the court determines that commitment and further 14
	397	+	examination are is warranted. 15
	398	+	16
	399	+	SECTION 8. Arkansas Code § 5 -2-328(a), concerning the procedure when a 17
	400	+	defendant intends to raise lack of criminal responsibility as an affirmative 18
	401	+	defense, is amended to add an additional subdivision to read as follows: 19
	402	+	(4) An examination under this section shall be conducted only 20
	403	+	after the circuit court has found the defendant fit to proceed. 21
	404	+	22
	405	+	SECTION 9. Arkansas Code § 5 -2-328(b)(2), concerning the uniform order 23
	406	+	for examination of a defendant's lack of criminal responsibility, is amended 24
	407	+	to read as follows: 25
	408	+	(2) The uniform order developed under this subsection shall 26
	409	+	contain, without limitation, the following information: 27
	410	+	(A) The defendant's name, age, gender, and race; 28
	411	+	(B) The criminal charges pending against the defendant; 29
	412	+	(C) The defendant's attorney's name and address; 30
	413	+	(D) The defendant's custody status; 31
	414	+	(E) The case number for which the examination was ordered; 32
	415	+	(F) A unique identifying number on the incident reporting 33
	416	+	form as required by the Arkansas Crime Information Center; and 34
	417	+	(G) The name of the requesting attorney, if applicable ; 35
	418	+	and 36 SB313
201	419
202		-	6 04-09-2025 11:46:37 CEB126
	420	+	12 02/26/2025 9:18:47 AM CEB126
	421	+	(H) An authorization to release and receive protected 1
	422	+	health information. 2
	423	+	3
	424	+	SECTION 10. Arkansas Code § 5 -2-328(b)(4), concerning an order for 4
	425	+	examination of a defendant's lack of criminal responsibility, is amended to 5
	426	+	read as follows: 6
	427	+	(4) The circuit court may shall require the attorney for the 7
	428	+	defendant to provide to the examiner a signed release of information and any 8
	429	+	available information relevant to the examination, including without 9
	430	+	limitation: 10
	431	+	(A) Psychiatric records; 11
	432	+	(B) Medical records; or 12
	433	+	(C) Records pertaining to treatment of the defendant for 13
	434	+	substance or alcohol abuse. 14
	435	+	15
	436	+	SECTION 11. Arkansas Code § 5 -2-328(c), concerning the report of an 16
	437	+	examination of a defendant's lack of criminal responsibility, is amended to 17
	438	+	read as follows: 18
	439	+	(c) An examination report prepared by an examiner ordered under this 19
	440	+	section shall contain: 20
	441	+	(1) A description of the nature of the examination; 21
	442	+	(2) An opinion as to whether as the result of a mental disease 22
	443	+	or defect the defendant at the time of the alleged offense lacked the 23
	444	+	capacity to appreciate the criminality of his or her conduct or to conform 24
	445	+	his or her conduct to the requirements of the law, an explanation of the 25
	446	+	examiner's opinion, and the basis of that opinion; 26
	447	+	(3) When directed by the circuit court, an opinion as to whether 27
	448	+	at the time of the alleged offense the defendant lacked the capacity to form 28
	449	+	a culpable mental state that is required to establish an element of the 29
	450	+	alleged offense, an explanation of the examiner's opinion, and the basis of 30
	451	+	that opinion; and 31
	452	+	(4) An opinion as to whether the defendant presents a 32
	453	+	substantial danger to himself, herself, or others or presents a substantial 33
	454	+	risk to public safety or to property without a prescribed regimen of medical, 34
	455	+	psychiatric, or psychological care or treatment; and 35
	456	+	(5) If an examination cannot be conducted because of the 36 SB313
203	457
	458	+	13 02/26/2025 9:18:47 AM CEB126
	459	+	unwillingness of the defendant to participate in the examination, an opinion 1
	460	+	as to whether the unwillingness of the defendant is the result of mental 2
	461	+	disease or defect. 3
	462	+	4
	463	+	SECTION 12. Arkansas Code § 5 -2-331 is amended to read as follows: 5
	464	+	5-2-331. Cost of mental health services, examination, and treatment of 6
	465	+	defendant. 7
	466	+	(a) A person or entity that provides treatment or other mental health 8
	467	+	services under this subchapter may impose a charge for the cost of the 9
	468	+	treatment or other mental health services rendered. 10
	469	+	(b) A charge for the cost of treatment or other mental health services 11
	470	+	under this section may not exceed the actual cost of the treatment or other 12
	471	+	mental health services provided. 13
	472	+	(c)(1) If the Department of Human Services cannot accept a defendant 14
	473	+	that has been ordered by a court to the custody of the department, the 15
	474	+	department shall fully reimburse the county for the cost of the medication 16
	475	+	necessary to maintain the defendant's fitness to proceed. 17
	476	+	(2) Responsibility for reimbursement under subdivision (c)(1) of 18
	477	+	this section shall begin on the date that the defendant is ordered to the 19
	478	+	custody of the department. 20
	479	+	(d)(1) No more than thirty (30) days after the end of each quarter, 21
	480	+	the county sheriff or his or her designee shall prepare a quarterly invoice 22
	481	+	to be sent to the department for reimbursement that lists: 23
	482	+	(A) Each defendant ordered to the custody of the 24
	483	+	department that has been detained in the county jail during the previous 25
	484	+	month; 26
	485	+	(B) The number of days each defendant ordered to the 27
	486	+	custody of the department was in the county jail in awaiting -bed-space 28
	487	+	status; and 29
	488	+	(C) An itemized list of medications prescribed to each 30
	489	+	defendant ordered to the custody of the department and the cost of the 31
	490	+	medications. 32
	491	+	(2) The county sheriff or his or her designee shall provide 33
	492	+	supporting documentation to certify the costs to be reimbursed by the 34
	493	+	department. 35
	494	+	(3) Quarters shall end September 30, December 31, March 31, and 36 SB313
204	495
205		-	(c)(1) On the court's own motion or upon application of the 1
206		-	department, the prosecuting attorney, or the defendant, and after a hearing 2
207		-	if a hearing is requested, if the court determines that the defendant has 3
208		-	regained fitness to proceed, the criminal proceeding shall be resumed. 4
209		-	(2) If the defendant has been receiving and responding well to 5
210		-	treatment, including medication, the court may make appropriate orders for 6
211		-	the continued treatment or administration of medication, or both to maintain 7
212		-	the fitness of the defendant throughout the remainder of the proceedings. 8
213		-	(3) However, if the court is of the view that so much time has 9
214		-	elapsed since the alleged commission of the offense in question that it would 10
215		-	be unjust to resume the criminal proceeding, the court may dismiss the charge 11
216		-	regardless of whether the defendant has regained fitness to proceed . 12
217		-	(4)(A) On either the motion of the court or the state, a hearing 13
218		-	shall be held to determine whether the charges against a defendant who lacks 14
219		-	fitness to proceed due to mental disease or defect may be dismissed if the 15
220		-	defendant remains without fitness to proceed for five (5) continuous years 16
221		-	from the date of determination of lack of fitness. 17
222		-	(B) If the charges are dismissed, the dismissal shall be 18
223		-	without prejudice to the state. 19
224		-	(C) If the court moves for a hearing, the state shall have 20
225		-	notice of at least sixty (60) days before the hearing date unless the state 21
226		-	consents to another date. 22
227		-	(d)(1) Persons authorized by this section to administer treatment or 23
228		-	medication shall not be criminally liable for administering treatment or 24
229		-	medication pursuant to this subchapter if done in good faith. 25
230		-	(2) Persons authorized to administer treatment or medication 26
231		-	shall not be civilly liable for such activities when the persons acted in a 27
232		-	reasonable manner and according to generally accepted medical and other 28
233		-	professional practices. 29
234		-	(e)(1) A law enforcement officer or a corrections officer may employ 30
235		-	reasonable force in cases where an individual refuses administration of 31
236		-	court-ordered treatment or medication. 32
237		-	(2) A law enforcement officer or a corrections officer shall not 33
238		-	be criminally or civilly liable for the use of reasonable force under 34
239		-	subdivision (e)(1) of this section. 35
240		-	36 As Engrossed: S3/6/25 H4/9/25 SB313
	496	+	14 02/26/2025 9:18:47 AM CEB126
	497	+	June 30 of each year. 1
	498	+	(4) The certified invoices shall then be returned to the county 2
	499	+	sheriff or his or her designee with the department keeping a duplicate copy. 3
	500	+	(5) Payment shall be made within ten (10) business days upon 4
	501	+	return of the certified invoices returned to each county. 5
	502	+	(e)(1) The county sheriff shall maintain a quarterly invoice for three 6
	503	+	(3) calendar years. 7
	504	+	(2) The quarterly invoice maintained by the county sheriff is 8
	505	+	subject to review by Arkansas Legislative Audit. 9
	506	+	(3) A quarterly invoice under subsection (d) of this section 10
	507	+	shall be sent electronically. 11
	508	+	(4) The department shall not issue any reimbursements under this 12
	509	+	subsection until the department receives a certified quarterly invoice with 13
	510	+	supporting documentation requesting reimbursement. 14
	511	+	(f)(1) The Division of Aging, Adult, and Behavioral Health Services of 15
	512	+	the Department of Human Services shall promulgate rules establishing 16
	513	+	reasonable charges for the cost of treatment or other mental health services 17
	514	+	under this section. 18
	515	+	(2) Rules establishing reasonable charges for the cost of 19
	516	+	treatment or other mental health services under this section shall provide 20
	517	+	for waiving or postponing the collection of the charges based on: 21
	518	+	(A) Clinical considerations; 22
	519	+	(B) The defendant's inability to pay; or 23
	520	+	(C) A court determination that the defendant is wholly or 24
	521	+	partly indigent and qualifies for the appointment of an attorney under § 16 -25
	522	+	87-213. 26
	523	+	27
	524	+	SECTION 13. Arkansas Code § 5 -4-102(c), concerning presentence 28
	525	+	investigations is amended to read as follows: 29
	526	+	(c)(1) Before imposing sentence, the court may order the defendant to 30
	527	+	submit to psychiatric examination and evaluation for a period not to exceed 31
	528	+	thirty (30) days. 32
	529	+	(2) The defendant may be remanded for psychiatric examination 33
	530	+	and evaluation to the Arkansas State Hospital, or the court may appoint a 34
	531	+	qualified psychiatrist to make the psychiatric examination and evaluation 35
	532	+	court may direct the Department of Human Services to provide a qualified 36 SB313
241	533
242		-	7 04-09-2025 11:46:37 CEB126
243		-
244		-
245		-	SECTION 6. Arkansas Code Title 5, Chapter 2, Subchapter 3, is amended 1
246		-	to add an additional section to read as follows: 2
247		-	5-2-318. Restoration in county jails. 3
248		-	(a) Jail-based restoration services shall be permitted through 4
249		-	telehealth. 5
250		-	(b) Jail-based restoration services that involve procedures other than 6
251		-	or in addition to telehealth services may be provided upon the consent of the 7
252		-	county sheriff or the keeper, superintendent, or administrator of the county 8
253		-	jail. 9
254		-	10
255		-	SECTION 7. Arkansas Code § 5-2-327 is amended to read as follows: 11
256		-	5-2-327. Examination of defendant — Fitness to proceed. 12
257		-	(a)(1)(A) Any party, by written motion, or the court, on 13
258		-	the court's own motion, may raise the issue of the defendant's fitness to 14
259		-	proceed. 15
260		-	(B) A written motion by the prosecuting attorney or 16
261		-	defense counsel shall: 17
262		-	(i) State that the motion for examination of the 18
263		-	defendant is made in good faith and not for the purpose of delay; and 19
264		-	(ii) Include facts and observations to support the 20
265		-	motion for examination of the defendant. 21
266		-	(C) If the motion is denied, defense counsel may request 22
267		-	an ex parte or in camera filing and hearing if an ex parte or in camera 23
268		-	filing and hearing are necessary because the motion is based in whole or in 24
269		-	part on information protected by the attorney -client privilege. 25
270		-	(D) For good cause shown, a request for an evaluation may 26
271		-	be made by oral motion in court if the request: 27
272		-	(i) Is made in good faith and not for the purpose of 28
273		-	delay; and 29
274		-	(ii) Contains sufficient facts and observations in 30
275		-	support of the request for the court to consider the request. 31
276		-	(2) The court shall order an examination under this section if 32
277		-	it finds there is a reasonable suspicion that a defendant is not fit to 33
278		-	proceed. 34
279		-	(3) The court may dismiss a motion for examination under this 35
280		-	section if the court determines that the motion: 36 As Engrossed: S3/6/25 H4/9/25 SB313
281		-
282		-	8 04-09-2025 11:46:37 CEB126
283		-
284		-
285		-	(A) Is frivolous; or 1
286		-	(B) Has stated no facts to support the request for 2
287		-	examination. 3
288		-	(3)(4)(A) Subject to §§ 5 -2-304 and 5-2-311, the court shall 4
289		-	immediately suspend further proceedings in a prosecution if it has ordered an 5
290		-	examination under this section. 6
291		-	(B)(i) If a jury has been impaneled and the court suspends 7
292		-	proceedings under subdivision (a)(3)(A) (a)(4)(A) of this section, the court 8
293		-	may retain the jury or declare a mistrial and discharge the jury. 9
294		-	(ii) A discharge of the jury is not a bar to further 10
295		-	prosecution. 11
296		-	(4)(5)(A) If a court suspends further proceedings in the 12
297		-	prosecution under subdivision (a)(3)(A) (a)(4)(A) of this section, the court 13
298		-	shall enter an order : 14
299		-	(A) Appointing one (1) or more experts who do not practice 15
300		-	in the Arkansas State Hospital to examine the defendant and report on the 16
301		-	defendant's mental condition; or 17
302		-	(B)(i) Directing directing the Director of the Division of 18
303		-	Aging, Adult, and Behavioral Health Services of the Department of Human 19
304		-	Services to provide an expert who will examine and report upon the 20
305		-	defendant's mental condition. 21
306		-	(ii)(B) The director or his or her designee shall 22
307		-	determine the location of the examination required under subdivision 23
308		-	(a)(4)(B)(i) (a)(5)(A) of this section. 24
309		-	(b) An examination ordered under this section shall be for a period 25
310		-	not exceeding sixty (60) days unless the director or his or her designee 26
311		-	determines a longer period of examination is necessary for the purpose of the 27
312		-	examination. 28
313		-	(c) The department shall provide for or arrange the fitness to proceed 29
314		-	examination of the defendant at a jail, prison, community setting, or 30
315		-	psychiatric hospital. 31
316		-	(d)(1) A uniform order to be used by a court ordering an examination 32
317		-	of a defendant's fitness to proceed under this section shall be developed by 33
318		-	the Administrative Office of the Courts in conjunction with the following 34
319		-	organizations: 35
320		-	(A) The Arkansas Prosecuting Attorneys Association; 36 As Engrossed: S3/6/25 H4/9/25 SB313
321		-
322		-	9 04-09-2025 11:46:37 CEB126
323		-
324		-
325		-	(B) The Department of Human Services; and 1
326		-	(C) The Arkansas Public Defender Commission. 2
327		-	(2) The uniform order developed under this subsection shall 3
328		-	contain the following information: 4
329		-	(A) The defendant's name, age, gender, and race; 5
330		-	(B) The criminal charges pending against the defendant; 6
331		-	(C) The defendant's attorney's name and address; 7
332		-	(D) The defendant's custody status; 8
333		-	(E) The case number for which the examination was ordered; 9
334		-	(F) A unique identifying number on the incident reporting 10
335		-	form as required by the Arkansas Crime Information Center; and 11
336		-	(G) The name of the requesting attorney, if applicable ; 12
337		-	and 13
338		-	(H) An authorization to release and receive protected 14
339		-	health information. 15
340		-	(3) An examination under this section shall not be conducted 16
341		-	without using the uniform order required under this subsection. 17
342		-	(4) The uniform order shall require the prosecuting attorney to 18
343		-	provide to the examiner any information relevant to the examination, 19
344		-	including without limitation: 20
345		-	(A) The name and address of any attorney involved in the 21
346		-	matter; and 22
347		-	(B) Information about the alleged offense. 23
348		-	(5) The court may shall require the attorney for the defendant 24
349		-	to make all reasonable efforts to provide to the examiner any available 25
350		-	information relevant to the examination, including without limitation: 26
351		-	(A) Psychiatric records; 27
352		-	(B) Medical records; or 28
353		-	(C) Records pertaining to treatment of the defendant for 29
354		-	substance or alcohol abuse. 30
355		-	(d)(e)(1) An examination report ordered under this section shall be 31
356		-	filed with the clerk of the court ordering the examination and is a public 32
357		-	record. 33
358		-	(2) The court clerk shall provide copies of the examination 34
359		-	report to the defendant's attorney and the prosecuting attorney. 35
360		-	(e)(f)(1) An examination report prepared by an examiner ordered under 36 As Engrossed: S3/6/25 H4/9/25 SB313
361		-
362		-	10 04-09-2025 11:46:37 CEB126
363		-
364		-
365		-	this section shall: 1
366		-	(A) Contain an opinion as to whether or not the defendant 2
367		-	is fit to proceed and the basis for the opinion; 3
368		-	(B) Contain an opinion as to whether the defendant has a 4
369		-	mental disease or defect; 5
370		-	(C) Contain a substantiated diagnosis in the terminology 6
371		-	of the American Psychiatric Association's most current edition of the 7
372		-	Diagnostic and Statistical Manual of Mental Disorders; 8
373		-	(D) Document that the examiner explained to the defendant: 9
374		-	(i) The purpose of the examination; 10
375		-	(ii) The persons to whom the examination report is 11
376		-	provided; and 12
377		-	(iii) The limits on rules of confidentiality 13
378		-	applying to the relationship between the examiner and the defendant; and 14
379		-	(E) Describe, in specific terms: 15
380		-	(i) The procedures, techniques, and tests used in 16
381		-	the examination; 17
382		-	(ii) The purpose of each procedure, technique, or 18
383		-	test; and 19
384		-	(iii) The conclusions reached ; and 20
385		-	(F) An opinion as to whether the defendant: 21
386		-	(i) Presents a substantial danger to himself or 22
387		-	herself, others, or property; and 23
388		-	(ii) Presents a substantial risk to public safety 24
389		-	without a prescribed regimen of medical, psychiatric, or psychological care 25
390		-	or treatment. 26
391		-	(2) An examiner's opinion on the defendant's fitness to proceed 27
392		-	or lack of fitness to proceed may not be based solely on the defendant's 28
393		-	refusal to communicate during the examination. 29
394		-	(3)(A) During an examination to determine a defendant's fitness 30
395		-	to proceed and in any examination report based on that examination, an 31
396		-	examiner shall consider: 32
397		-	(i) The capacity of the defendant during criminal 33
398		-	proceedings to: 34
399		-	(a) Rationally understand the charges against 35
400		-	him or her and the potential consequences of the pending criminal 36 As Engrossed: S3/6/25 H4/9/25 SB313
401		-
402		-	11 04-09-2025 11:46:37 CEB126
403		-
404		-
405		-	proceedings; 1
406		-	(b) Disclose to the defendant's attorney 2
407		-	pertinent facts, events, and states of mind; 3
408		-	(c) Engage in a reasoned choice of legal 4
409		-	strategies and options; 5
410		-	(d) Understand the adversarial nature of 6
411		-	criminal proceedings; 7
412		-	(e) Exhibit appropriate courtroom behavior; 8
413		-	and 9
414		-	(f) Testify; 10
415		-	(ii) As supported by current indications and the 11
416		-	defendant's personal history, whether the defendant is a person with: 12
417		-	(a) A mental disease or defect; or 13
418		-	(b) An intellectual disability; and 14
419		-	(iii) The degree of impairment resulting from the 15
420		-	mental disease or defect or intellectual disability, if existent, and the 16
421		-	specific impact on the defendant's capacity to engage with the defendant's 17
422		-	attorney in an effective manner. 18
423		-	(B) The information or lack of information contained in 19
424		-	the examiner's report is not intended to limit the introduction of evidence 20
425		-	regarding the defendant's fitness to proceed. 21
426		-	(4) If the examiner concludes that the defendant lacks fitness 22
427		-	to proceed, the report shall contain: 23
428		-	(A) An opinion of the condition causing the lack of 24
429		-	fitness to proceed; 25
430		-	(B) An opinion of the treatment necessary for the 26
431		-	defendant to obtain fitness to proceed; and 27
432		-	(C) An opinion on the likelihood of the defendant 28
433		-	attaining fitness to proceed under treatment. 29
434		-	(f)(g) This subchapter does not preclude the defendant from having an 30
435		-	examination conducted by an expert of the defendant's own choosing to 31
436		-	determine the defendant's fitness to proceed, and the court shall provide the 32
437		-	defendant's expert with a reasonable opportunity to examine the defendant 33
438		-	upon a timely request. 34
439		-	(g)(h) When the defendant has previously been found fit to proceed, 35
440		-	the court may order a second or subsequent examination to determine a 36 As Engrossed: S3/6/25 H4/9/25 SB313
441		-
442		-	12 04-09-2025 11:46:37 CEB126
443		-
444		-
445		-	defendant's fitness to proceed only if the court: 1
446		-	(1) Finds reasonable cause to believe that new or previously 2
447		-	undiscovered evidence calls into question the factual, legal, or scientific 3
448		-	basis of the opinion upon which the previous finding of fitness relied; 4
449		-	(2) Finds reasonable cause to believe that the defendant's 5
450		-	mental condition has changed; or 6
451		-	(3) Sets forth in the order a factual or legal basis upon which 7
452		-	to order another examination. 8
453		-	(h)(i) Upon completion of examination under this section, the court 9
454		-	may enter an order providing for further examination of the defendant and may 10
455		-	order the defendant into the custody of the director for further examination 11
456		-	and observation if the court determines that commitment and further 12
457		-	examination are is warranted. 13
458		-	14
459		-	SECTION 8. Arkansas Code § 5 -2-328(a), concerning the procedure when a 15
460		-	defendant intends to raise lack of criminal responsibility as an affirmative 16
461		-	defense, is amended to add an additional subdivision to read as follows: 17
462		-	(4) An examination under this section shall be conducted only 18
463		-	after the circuit court has found the defendant fit to proceed. 19
464		-	20
465		-	SECTION 9. Arkansas Code § 5 -2-328(b)(2), concerning the uniform order 21
466		-	for examination of a defendant's lack of criminal responsibility, is amended 22
467		-	to read as follows: 23
468		-	(2) The uniform order developed under this subsection shall 24
469		-	contain, without limitation, the following information: 25
470		-	(A) The defendant's name, age, gender, and race; 26
471		-	(B) The criminal charges pending against the defendant; 27
472		-	(C) The defendant's attorney's name and address; 28
473		-	(D) The defendant's custody status; 29
474		-	(E) The case number for which the examination was ordered; 30
475		-	(F) A unique identifying number on the incident reporting 31
476		-	form as required by the Arkansas Crime Information Center; and 32
477		-	(G) The name of the requesting attorney, if applicable ; 33
478		-	and 34
479		-	(H) An authorization to release and receive protected 35
480		-	health information. 36 As Engrossed: S3/6/25 H4/9/25 SB313
481		-
482		-	13 04-09-2025 11:46:37 CEB126
483		-
484		-
485		-	1
486		-	SECTION 10. Arkansas Code § 5 -2-328(b)(4), concerning an order for 2
487		-	examination of a defendant's lack of criminal responsibility, is amended to 3
488		-	read as follows: 4
489		-	(4) The circuit court may shall require the attorney for the 5
490		-	defendant to provide to the examiner a signed release of information and any 6
491		-	available information relevant to the examination, including without 7
492		-	limitation: 8
493		-	(A) Psychiatric records; 9
494		-	(B) Medical records; or 10
495		-	(C) Records pertaining to treatment of the defendant for 11
496		-	substance or alcohol abuse. 12
497		-	13
498		-	SECTION 11. Arkansas Code § 5 -2-328(c), concerning the report of an 14
499		-	examination of a defendant's lack of criminal responsibility, is amended to 15
500		-	read as follows: 16
501		-	(c) An examination report prepared by an examiner ordered under this 17
502		-	section shall contain: 18
503		-	(1) A description of the nature of the examination; 19
504		-	(2) An opinion as to whether as the result of a mental disease 20
505		-	or defect the defendant at the time of the alleged offense lacked the 21
506		-	capacity to appreciate the criminality of his or her conduct or to conform 22
507		-	his or her conduct to the requirements of the law, an explanation of the 23
508		-	examiner's opinion, and the basis of that opinion; 24
509		-	(3) When directed by the circuit court, an opinion as to whether 25
510		-	at the time of the alleged offense the defendant lacked the capacity to form 26
511		-	a culpable mental state that is required to establish an element of the 27
512		-	alleged offense, an explanation of the examiner's opinion, and the basis of 28
513		-	that opinion; and 29
514		-	(4) An opinion as to whether the defendant presents a 30
515		-	substantial danger to himself, herself, or others or presents a substantial 31
516		-	risk to public safety or to property without a prescribed regimen of medical, 32
517		-	psychiatric, or psychological care or treatment; and 33
518		-	(5) If an examination cannot be conducted because of the 34
519		-	unwillingness of the defendant to participate in the examination, an opinion 35
520		-	as to whether the unwillingness of the defendant is the result of mental 36 As Engrossed: S3/6/25 H4/9/25 SB313
521		-
522		-	14 04-09-2025 11:46:37 CEB126
523		-
524		-
525		-	disease or defect. 1
526		-	2
527		-	SECTION 12. Arkansas Code § 5 -2-331 is amended to read as follows: 3
528		-	5-2-331. Cost of mental health services, examination, and treatment of 4
529		-	defendant. 5
530		-	(a) A person or entity that provides treatment or other mental health 6
531		-	services under this subchapter may impose a charge for the cost of the 7
532		-	treatment or other mental health services rendered. 8
533		-	(b) A charge for the cost of treatment or other mental health services 9
534		-	under this section may not exceed the actual cost of the treatment or other 10
535		-	mental health services provided. 11
536		-	(c)(1) If the Department of Human Services cannot accept a defendant 12
537		-	that has been ordered by a court to the custody of the department, the 13
538		-	department shall be responsible for the cost of the psychotropic medication 14
539		-	prescribed by the department's designated vendor as necessary to restore the 15
540		-	defendant's fitness to proceed. 16
541		-	(2) Responsibility for reimbursement under subdivision (c)(1) of 17
542		-	this section shall begin on the date that the defendant is ordered to the 18
543		-	custody of the department. 19
544		-	(d)(1) No more than thirty (30) days after the end of each quarter, 20
545		-	the county sheriff or his or her designee shall prepare a quarterly invoice 21
546		-	to be sent to the department for reimbursement that lists: 22
547		-	(A) Each defendant ordered to the custody of the 23
548		-	department that has been detained in the county jail during the previous 24
549		-	month; 25
550		-	(B) The number of days each defendant ordered to the 26
551		-	custody of the department was in the county jail in awaiting -bed-space 27
552		-	status; and 28
553		-	(C) An itemized list of medications prescribed to each 29
554		-	defendant ordered to the custody of the department and the cost of the 30
555		-	medications. 31
556		-	(2) The county sheriff or his or her designee shall provide 32
557		-	supporting documentation to certify the costs to be reimbursed by the 33
558		-	department. 34
559		-	(3) Quarters shall end September 30, December 31, March 31, and 35
560		-	June 30 of each year. 36 As Engrossed: S3/6/25 H4/9/25 SB313
561		-
562		-	15 04-09-2025 11:46:37 CEB126
563		-
564		-
565		-	(4) The certified invoices shall then be returned to the county 1
566		-	sheriff or his or her designee with the department keeping a duplicate copy. 2
567		-	(5) Payment shall be made within ten (10) business days upon 3
568		-	return of the certified invoices returned to each county. 4
569		-	(e)(1) The county sheriff shall maintain a quarterly invoice for three 5
570		-	(3) calendar years. 6
571		-	(2) The quarterly invoice maintained by the county sheriff is 7
572		-	subject to review by Arkansas Legislative Audit. 8
573		-	(3) A quarterly invoice under subsection (d) of this section 9
574		-	shall be sent electronically. 10
575		-	(4) The department shall not issue any reimbursements under this 11
576		-	subsection until the department receives a certified quarterly invoice with 12
577		-	supporting documentation requesting reimbursement. 13
578		-	(f)(1) The Division of Aging, Adult, and Behavioral Health Services of 14
579		-	the Department of Human Services shall promulgate rules establishing 15
580		-	reasonable charges for the cost of treatment or other mental health services 16
581		-	under this section. 17
582		-	(2) Rules establishing reasonable charges for the cost of 18
583		-	treatment or other mental health services under this section shall provide 19
584		-	for waiving or postponing the collection of the charges based on: 20
585		-	(A) Clinical considerations; 21
586		-	(B) The defendant's inability to pay; or 22
587		-	(C) A court determination that the defendant is wholly or 23
588		-	partly indigent and qualifies for the appointment of an attorney under § 16 -24
589		-	87-213. 25
590		-	26
591		-	SECTION 13. Arkansas Code § 5 -4-102(c), concerning presentence 27
592		-	investigations is amended to read as follows: 28
593		-	(c)(1) Before imposing sentence, the court may order the defendant to 29
594		-	submit to psychiatric examination and evaluation for a period not to exceed 30
595		-	thirty (30) days. 31
596		-	(2) The defendant may be remanded for psychiatric examination 32
597		-	and evaluation to the Arkansas State Hospital, or the court may appoint a 33
598		-	qualified psychiatrist to make the psychiatric examination and evaluation 34
599		-	court may direct the Department of Human Services to provide a qualified 35
600		-	psychiatrist or qualified psychologist to make the examination and 36 As Engrossed: S3/6/25 H4/9/25 SB313
601		-
602		-	16 04-09-2025 11:46:37 CEB126
603		-
604		-
605		-	evaluation. 1
606		-	2
607		-	/s/Irvin 3
	534	+	15 02/26/2025 9:18:47 AM CEB126
	535	+	psychiatrist or qualified psychologist to make the examination and 1
	536	+	evaluation. 2
	537	+	3
608	538		4
609	539		5
610		-	~~APPROVED: 4/17/25~~ 6
	540	+	6
611	541		7
612	542		8
613	543		9
614	544		10
615	545		11
616	546		12
617	547		13
618	548		14
619	549		15
620	550		16
621	551		17
622	552		18
623	553		19
624	554		20
625	555		21
626	556		22
627	557		23
628	558		24
629	559		25
630	560		26
631	561		27
632	562		28
633	563		29
634	564		30
635	565		31
636	566		32
637	567		33
638	568		34
639	569		35
640	570		36