All Roll Calls
Yes: 164 • No: 0
ArkansasSB3132025 Regular SessionSenateWALLET
CONCERNING FORENSIC MENTAL HEALTH EVALUATIONS AND TREATMENT; AND TO PROMOTE AND IMPROVE EFFICIENCIES AND QUALITY IN THE DEPARTMENT OF HUMAN SERVICES.
Sponsored By: Missy Irvin (Republican), Kendra Moore (Republican)
Enacted
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Bill Overview
Analyzed Economic Effects
10 provisions identified: 2 benefits, 0 costs, 8 mixed.
Unfit defendants get five-year dismissal hearings
After five continuous years of unfitness caused by mental disease or defect, the court must hold a dismissal hearing. The five years run from the finding of unfitness, and dismissal is not automatic. A dismissal under this process is without prejudice, meaning charges can be brought again. If the court starts the hearing, the state gets at least 60 days’ notice unless it agrees to another date. Courts may also dismiss charges and discharge defendants on the state’s request after fitness is questioned. Courts may dismiss when restarting a case after elapsed time is unjust, whether or not fitness has returned.
Defendants face medication orders with safeguards
Courts may continue treatment or medication through the criminal case when a defendant has been receiving and responding well to treatment. Courts may order medication for jailed defendants who refuse medicine needed to maintain fitness. For defendants who are not dangerous to themselves or others, the court must find medication medically appropriate. Less intrusive options must have been tried or found ineffective, and side effects that undermine a fair trial must be unlikely. The government must also have a substantial interest in prosecution.
Treatment reviews and release for unfit defendants
Courts may commit unfit defendants to Arkansas Human Services for treatment and must direct them to recommended services and supports. Available recommended services remain required when a mental disease or defect makes restoration impossible. Designated inpatient or outpatient facilities and programs are responsible for committed people’s care, custody, and treatment. Human Services must report within six months after commitment, and the court must decide fitness within eight months. The report addresses danger and whether restoration is impossible or unlikely in the reasonably foreseeable future. Restored fitness allows prosecution to resume; unfit defendants may receive conditional release if not dangerous, while dangerous defendants require an involuntary-commitment petition. Release may require community medical care, commitment or conditional-release orders must include the fitness report, and time in Human Services’ physical custody counts toward time served.
Jailed defendants can receive remote restoration care
County jails can provide clinical and educational services to help defendants regain fitness for their criminal cases. These services include mental-health, medical, and substance-abuse treatment and can use telehealth. Other jail-based restoration procedures require consent from the sheriff or jail keeper, superintendent, or administrator.
Defendants’ sentencing exams lose time cap
Courts may order psychiatric examinations before sentencing without the former 30-day maximum. The law sets no replacement time limit. Courts may direct Arkansas Human Services to provide a qualified psychiatrist or psychologist for the examination and evaluation.
Defendants face new exam record requirements
Fitness and criminal-responsibility exams require a standard court order with case, custody, attorney, and protected health-information release details. The state courts office develops the form with prosecutors, human services, and public defenders. After filing, the requesting party must immediately send the order to Arkansas Human Services, and prosecutors must send the case file. Defense lawyers must supply a signed release and known provider list, or obtain a records order when defendants cannot consent. They must make reasonable efforts to provide relevant medical, psychiatric, and substance- or alcohol-treatment records. A criminal-responsibility exam requires a prior court finding of fitness; the defense must provide the examiner a signed release and available relevant information.
More exam settings and defendant safety checks
Arkansas Human Services must arrange fitness exams in jails, prisons, community settings, or psychiatric hospitals. Exams may last up to 60 days; longer exams require the director or a designee to find more time necessary. Fitness reports must assess the defendant’s ability to take part in the case, mental conditions, related impairments, and safety risks. For unfit defendants, reports must explain the cause, needed treatment, and chance of restoring fitness. An examiner cannot base an opinion only on the defendant’s refusal to communicate. Criminal-responsibility reports must assess danger to self or others and risks to public safety or property without prescribed care.
New rules for defendants seeking mental exams
Defendants planning a lack-of-criminal-responsibility defense must notify the prosecutor and court as early as practicable; notice pauses proceedings. When there is reason to question fitness, the court or a party must raise the issue. The court must pause proceedings and order an exam when the law requires it. Requests need supporting facts, must be made in good faith, and cannot be for delay; oral requests also need good cause. Courts may reject unsupported requests or those clearly lacking a reasonable factual or legal basis. After a defendant is found fit, another exam requires new evidence, a changed mental condition, or another stated factual or legal basis.
Treatment providers and officers gain liability protections
People administering treatment or medication under these procedures receive criminal-liability protection when acting in good faith. Civil-liability protection requires reasonable conduct that follows accepted medical and other professional practices. Police and corrections officers may use reasonable force when someone refuses court-ordered treatment or medication. Officers receive criminal- and civil-liability protection for that reasonable force.
State drug payments and defendant treatment charges
When Arkansas Human Services cannot accept an ordered defendant, it pays for restoration drugs prescribed by its designated vendor. Payment responsibility starts on the custody-order date and covers qualifying psychotropic medication. Counties must submit electronic quarterly invoices within 30 days after March 31, June 30, September 30, and December 31. Invoices must identify each jailed defendant, days awaiting a state bed, itemized drug costs, and documents certifying costs. Human Services exchanges certified invoices, keeps duplicates, and pays within 10 business days after their return; reimbursement requires certified supporting documents. Sheriffs keep invoices for three calendar years, and Arkansas Legislative Audit may review them. Treatment providers may charge only actual costs. Human Services’ rules must allow charges to be waived or postponed for clinical reasons, inability to pay, or a court finding of full or partial indigency.
Sponsors & Cosponsors
Sponsors
Missy Irvin
Republican • Senate
Kendra Moore
Republican • House
Cosponsors
Alyssa Brown
Republican • House
Breanne Davis
Republican • Senate
Sonia Eubanks Barker
Republican • House
Mary Bentley
Republican • House
Frances Cavenaugh
Republican • House
Cindy Crawford
Republican • House
Carol Dalby
Republican • House
Hope Duke
Republican • House
Dolly Henley
Republican • House
Jane English
Republican • Senate
Julie Mayberry
Republican • House
Karilyn Brown
Republican • House
Robin Lundstrum
Republican • House
Mindy McAlindon
Republican • House
Rebecca Burkes
Republican • House
DeAnn Vaught
Republican • House
Roll Call Votes
Senate vote • 4/15/2025
Senate Vote - Tuesday, April 15, 2025 1:24:50 PM
Yes: 35 • No: 0
House vote • 4/14/2025
House Vote - Monday, April 14, 2025 3:12:08 PM
Yes: 95 • No: 0
Senate vote • 3/10/2025
Senate Vote - Monday, March 10, 2025 2:15:27 PM
Yes: 34 • No: 0
Actions Timeline
Notification that SB313 is now Act 733
4/18/2025SenateDELIVERED TO GOVERNOR.
4/16/2025SenateReported correctly enrolled and ordered delivered to the Governor.
4/16/2025SenateORDERED ENROLLED
4/15/2025SenateRead the third time and passed.
4/15/2025SenateRules suspended.
4/15/2025SenateHouse Amendment No. 1 read first time, rule suspended, read second time and concurred in.
4/15/2025SenatePlaced on second reading for purpose of amendment.
4/15/2025SenateReturned from the House as passed as amended # 1 .
4/14/2025SenateReturned to Senate as passed, as amended # 1
4/14/2025HouseRead the third time and passed and ordered transmitted to the Senate.
4/14/2025HouseREPORTED CORRECTLY ENGROSSED
4/9/2025HouseAmendment No. 1 read and adopted and the bill ordered engrossed.
4/9/2025HousePlaced on second reading for the purpose of amendment.
4/9/2025HouseReturned by the Committee with the recommendation that it do pass as amended 1
4/8/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE
3/10/2025HouseRECEIVED FROM THE SENATE
3/10/2025HouseOrdered immediately transmitted to the House.
3/10/2025SenateRead the third time and passed.
3/10/2025SenateREPORTED CORRECTLY ENGROSSED
3/6/2025SenateAmendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
3/6/2025SenatePlaced on second reading for purpose of amendment.
3/6/2025SenateReturned by the Committee with the recommendation that it Do Pass as amended, Amendment # 1
3/5/2025SenateRead first time, rules suspended, read second time, referred to JUDICIARY COMMITTEE - SENATE
2/26/2025SenateFiled
2/26/2025Senate
Bill Text
SB313 - Introduced
2/26/2025
Act Version
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