The bill amends various sections of the Arkansas Code to improve the efficiency and quality of forensic mental health evaluations and treatment provided by the Department of Human Services. It redefines key terms, such as "designated receiving facility," to clarify the responsibilities of facilities caring for individuals in the mental health system, and introduces "jail-based restoration services" aimed at helping defendants regain fitness for legal proceedings. Additionally, the bill establishes new procedural requirements for notifying courts and prosecutors when a defendant intends to claim a lack of criminal responsibility, and outlines the court's authority to order mental fitness examinations, including the use of telehealth services.

Further amendments focus on the procedural aspects of mental health examinations, requiring a uniform order that includes authorization for the release of protected health information and mandates that the prosecuting attorney provide relevant information to examiners. The bill also specifies that the defendant's attorney must make reasonable efforts to supply pertinent psychiatric and medical records. It clarifies the process for determining a defendant's fitness to proceed, including conditions for a second examination, and addresses financial responsibilities for mental health services, ensuring that the Department of Human Services covers costs for necessary medications if they cannot accept a defendant. Additionally, it establishes invoicing procedures for county sheriffs to ensure timely payment for costs incurred during a defendant's detention.

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)