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 mental health services. The introduction of "jail-based restoration services" aims to provide clinical and educational support in county jails, assisting defendants in regaining their fitness to proceed in legal matters. Additionally, the bill establishes new notification requirements for defendants intending to raise a lack of criminal responsibility as a defense and outlines the evaluation process, including the use of telehealth services.

Further amendments focus on procedural enhancements, such as requiring a uniform order that includes authorization for the release of protected health information and mandating the prosecuting attorney to provide relevant information to examiners. The bill also ensures that defendants' attorneys make reasonable efforts to supply pertinent psychiatric and medical records. If an examiner finds a defendant unfit to proceed, the report must detail the condition causing this unfitness, necessary treatment, and the likelihood of regaining fitness. Moreover, the bill clarifies the examination process for determining a defendant's lack of criminal responsibility and addresses the financial responsibilities of the Department of Human Services regarding psychotropic medications and reimbursement for county jails housing defendants. Overall, the bill seeks to enhance the efficiency and accountability of mental health evaluations in the criminal justice system.

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)