The bill amends various sections of the Arkansas Code to improve the processes surrounding forensic mental health evaluations and treatment within the criminal justice system. It redefines key terms, such as "designated receiving facility," to clarify the responsibilities of facilities caring for individuals committed to the mental health system. The bill introduces "jail-based restoration services," which provide clinical and educational support in county jails to help defendants regain their fitness to proceed in legal matters. Additionally, it establishes new requirements for notifying the court and prosecutors when a defendant intends to claim a lack of criminal responsibility, emphasizing the importance of timely evaluations and the potential dismissal of charges if a defendant remains unfit for an extended period.

Further amendments focus on the content and requirements of examination reports regarding a defendant's mental fitness. The reports must include a comprehensive opinion on the defendant's fitness and any potential danger they may pose without treatment. If a defendant is found unfit, the report must detail the condition causing this lack of fitness, the necessary treatment, and the likelihood of regaining fitness. The bill also mandates that attorneys provide relevant medical and psychiatric records to examiners and establishes a reimbursement process for counties when the Department of Human Services cannot accept a defendant into their custody. Overall, these changes aim to enhance the clarity and thoroughness of mental health evaluations while ensuring that defendants receive appropriate care and treatment.

Statutes affected:
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)