The bill amends various sections of the Arkansas Code to improve the processes surrounding forensic mental health evaluations and treatment for defendants in the criminal justice system. Key changes include redefining terms such as "designated receiving facility" and "frivolous," as well as introducing "jail-based restoration services" to assist defendants in regaining fitness to proceed with legal matters. The bill establishes new requirements for notifying the court and prosecutors when a defendant intends to claim a lack of criminal responsibility, and it outlines the court's responsibilities in assessing a defendant's fitness, including considerations for community treatment and medication administration.

Additionally, the bill mandates a uniform order for mental fitness examinations that includes authorization for the release and receipt of protected health information, and it requires the prosecuting attorney to provide relevant information to the examiner. The defendant's attorney is also required to make reasonable efforts to supply pertinent psychiatric and medical records. If an examiner determines that a defendant lacks fitness to proceed, the report must detail the underlying condition, necessary treatment, and the likelihood of regaining fitness. The bill further clarifies that examinations related to a defendant's lack of criminal responsibility can only occur after a fitness determination, and it assigns the Department of Human Services the responsibility for covering the costs of psychotropic medications for defendants in their custody.

Statutes affected:
Old version SB313 V2 - 3-6-2025 02:16 PM: 5-2-301(3), 5-2-301(5), 03-06-2025, 5-2-301, 5-2-304, 5-2-328, 5-2-310, 5-2-327, 5-2-311, 5-2-328(a), 5-2-328(b), 5-2-328(c)
Old version SB313 V3 - 4-9-2025 11:46 AM: 5-2-301(3), 5-2-301(5), 04-09-2025, 5-2-301, 5-2-304, 5-2-328, 5-2-310, 5-2-327, 5-2-311, 5-2-328(a), 5-2-328(b), 5-2-328(c)
Old version SB313 Original - 2-26-2025 12:39 PM: 5-2-301(3), 5-2-301(5), 5-2-301, 5-2-304, 5-2-328, 5-2-310, 5-2-327, 5-2-311, 5-2-328(a), 5-2-328(b), 5-2-328(c)
SB 313: 5-2-301(3), 5-2-301(5), 5-2-301, 5-2-304, 5-2-328, 5-2-310, 5-2-327, 5-2-311, 5-2-328(a), 5-2-328(b), 5-2-328(c)
Act 733: 5-2-301(3), 5-2-301(5), 04-09-2025, 5-2-301, 5-2-304, 5-2-328, 5-2-310, 5-2-327, 5-2-311, 5-2-328(a), 5-2-328(b), 5-2-328(c)