The proposed bill seeks to improve the efficiency and quality of forensic mental health evaluations and treatment within the Arkansas Department of Human Services. It includes key amendments such as redefining "designated receiving facility or program," changing "admitted" to "committed" for individuals receiving mental health treatment, and clarifying the definition of "frivolous." A significant addition is the introduction of "jail-based restoration services," which are clinical and educational services provided in county jails to assist defendants in regaining fitness to proceed in legal matters. The bill also outlines procedures for determining a defendant's fitness to proceed, emphasizing timely evaluations and the potential for dismissing charges if a defendant remains unfit for an extended period.

Additionally, the bill amends various sections of Arkansas law regarding the examination of defendants' mental fitness, requiring a uniform order that includes authorization to release and receive protected health information. It mandates that the defendant's attorney provide relevant information to the examiner and stipulates that 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. The bill also addresses financial responsibilities, stating that if the Department of Human Services cannot accept a defendant, they will cover the cost of prescribed psychotropic medication, and it outlines the invoicing process for county sheriffs for costs incurred while defendants await transfer. Overall, the bill aims to enhance the legal framework surrounding mental health evaluations and treatment in criminal proceedings.

Statutes affected:
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)
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)
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)