(a) (1) (A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and the court may commit the defendant to the custody of the Department of Human Services for restoration of fitness to proceed.(B) If the court determines that a defendant lacks fitness to proceed because of a mental disease or defect that precludes the possibility of restoration, the court shall direct the defendant to available services and support as recommended by the department.(C) If the court is satisfied that the defendant may be released without danger to himself or herself or to the person or property of another, the court may order the defendant's release and the release shall continue at the discretion of the court on conditions the court determines necessary.(D) If the court finds that the defendant lacks fitness to proceed or that the defendant is fit to proceed but that the defendant's fitness to proceed depends on the continuation of appropriate treatment for a mental disease or defect, the court shall consider issues relating to treatment necessary to restore or maintain the defendant's fitness to proceed.(E) If the court finds that the defendant may be treated in the community, the court may make receipt of reasonable medical treatment a condition of his or her release.(F) The court may order the administration of medication to maintain the fitness to proceed of an incarcerated defendant if the defendant is a danger to himself or herself or others and refuses to take the medication required to maintain his or her fitness to proceed.(G) The court may order the administration of medication to maintain the fitness to proceed of an incarcerated defendant if the defendant is not a danger to himself or herself or others and refuses to take the medication required to maintain his or her fitness to proceed if the court finds that:(i) The treatment is medically appropriate;(ii) All less intrusive alternatives have been considered;(iii) The treatment is substantially unlikely to produce a side effect that may undermine the fairness of the trial; and(iv) There is a substantial government interest in the prosecution of the defendant.(H) Days spent in the physical custody of the department under this subsection are considered days spent in custody for determining credit for time served.(2) A copy of the report filed under § 5-2-327 shall be attached to the order of commitment or order of conditional release.(3) (A) At any time after the issue of a defendant's fitness to proceed has been raised, the court may, on a motion of the state, dismiss all charges pending against the defendant.(B) If the court dismisses the charges pending against a defendant, the proceedings shall discontinue, and the defendant shall be discharged.
(1) (A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and the court may commit the defendant to the custody of the Department of Human Services for restoration of fitness to proceed.(B) If the court determines that a defendant lacks fitness to proceed because of a mental disease or defect that precludes the possibility of restoration, the court shall direct the defendant to available services and support as recommended by the department.(C) If the court is satisfied that the defendant may be released without danger to himself or herself or to the person or property of another, the court may order the defendant's release and the release shall continue at the discretion of the court on conditions the court determines necessary.(D) If the court finds that the defendant lacks fitness to proceed or that the defendant is fit to proceed but that the defendant's fitness to proceed depends on the continuation of appropriate treatment for a mental disease or defect, the court shall consider issues relating to treatment necessary to restore or maintain the defendant's fitness to proceed.(E) If the court finds that the defendant may be treated in the community, the court may make receipt of reasonable medical treatment a condition of his or her release.(F) The court may order the administration of medication to maintain the fitness to proceed of an incarcerated defendant if the defendant is a danger to himself or herself or others and refuses to take the medication required to maintain his or her fitness to proceed.(G) The court may order the administration of medication to maintain the fitness to proceed of an incarcerated defendant if the defendant is not a danger to himself or herself or others and refuses to take the medication required to maintain his or her fitness to proceed if the court finds that:(i) The treatment is medically appropriate;(ii) All less intrusive alternatives have been considered;(iii) The treatment is substantially unlikely to produce a side effect that may undermine the fairness of the trial; and(iv) There is a substantial government interest in the prosecution of the defendant.(H) Days spent in the physical custody of the department under this subsection are considered days spent in custody for determining credit for time served.
(A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and the court may commit the defendant to the custody of the Department of Human Services for restoration of fitness to proceed.
(B) If the court determines that a defendant lacks fitness to proceed because of a mental disease or defect that precludes the possibility of restoration, the court shall direct the defendant to available services and support as recommended by the department.
(C) If the court is satisfied that the defendant may be released without danger to himself or herself or to the person or property of another, the court may order the defendant's release and the release shall continue at the discretion of the court on conditions the court determines necessary.
(D) If the court finds that the defendant lacks fitness to proceed or that the defendant is fit to proceed but that the defendant's fitness to proceed depends on the continuation of appropriate treatment for a mental disease or defect, the court shall consider issues relating to treatment necessary to restore or maintain the defendant's fitness to proceed.
(E) If the court finds that the defendant may be treated in the community, the court may make receipt of reasonable medical treatment a condition of his or her release.
(F) The court may order the administration of medication to maintain the fitness to proceed of an incarcerated defendant if the defendant is a danger to himself or herself or others and refuses to take the medication required to maintain his or her fitness to proceed.
(G) The court may order the administration of medication to maintain the fitness to proceed of an incarcerated defendant if the defendant is not a danger to himself or herself or others and refuses to take the medication required to maintain his or her fitness to proceed if the court finds that:(i) The treatment is medically appropriate;(ii) All less intrusive alternatives have been considered;(iii) The treatment is substantially unlikely to produce a side effect that may undermine the fairness of the trial; and(iv) There is a substantial government interest in the prosecution of the defendant.
(i) The treatment is medically appropriate;
(ii) All less intrusive alternatives have been considered;
(iii) The treatment is substantially unlikely to produce a side effect that may undermine the fairness of the trial; and
(iv) There is a substantial government interest in the prosecution of the defendant.
(H) Days spent in the physical custody of the department under this subsection are considered days spent in custody for determining credit for time served.
(2) A copy of the report filed under § 5-2-327 shall be attached to the order of commitment or order of conditional release.
(3) (A) At any time after the issue of a defendant's fitness to proceed has been raised, the court may, on a motion of the state, dismiss all charges pending against the defendant.(B) If the court dismisses the charges pending against a defendant, the proceedings shall discontinue, and the defendant shall be discharged.
(A) At any time after the issue of a defendant's fitness to proceed has been raised, the court may, on a motion of the state, dismiss all charges pending against the defendant.
(B) If the court dismisses the charges pending against a defendant, the proceedings shall discontinue, and the defendant shall be discharged.
(b) (1) Within a reasonable period of time not to exceed six (6) months of a commitment pursuant to subsection (a) of this section, the department shall file with the committing court a written report indicating whether the defendant is fit to proceed, or if not, whether:(A) The defendant's mental disease or defect is of a nature precluding restoration of fitness to proceed or it does not appear that the defendant will become fit to proceed within the reasonably foreseeable future; and(B) The defendant presents a danger to himself or herself or to the person or property of another.(2) (A) The court shall make a determination within eight (8) months of a commitment pursuant to subsection (a) of this section.(B) Pursuant to the report of the department or as a result of a hearing on the report, if the court determines that the defendant is fit to proceed, prosecution in ordinary course may commence.(C) If the defendant lacks fitness to proceed but does not present a danger to himself or herself or to the person or property of another, the court may release the defendant on conditions the court determines to be proper.(D) If the defendant lacks fitness to proceed and presents a danger to himself or herself or the person or property of another, the court shall order the department to petition for an involuntary commitment.(E) Upon filing of an order finding that the defendant lacks fitness to proceed issued under subdivision (b)(2)(A) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order to the Arkansas Crime Information Center.
(1) Within a reasonable period of time not to exceed six (6) months of a commitment pursuant to subsection (a) of this section, the department shall file with the committing court a written report indicating whether the defendant is fit to proceed, or if not, whether:(A) The defendant's mental disease or defect is of a nature precluding restoration of fitness to proceed or it does not appear that the defendant will become fit to proceed within the reasonably foreseeable future; and(B) The defendant presents a danger to himself or herself or to the person or property of another.
(A) The defendant's mental disease or defect is of a nature precluding restoration of fitness to proceed or it does not appear that the defendant will become fit to proceed within the reasonably foreseeable future; and
(B) The defendant presents a danger to himself or herself or to the person or property of another.
(2) (A) The court shall make a determination within eight (8) months of a commitment pursuant to subsection (a) of this section.(B) Pursuant to the report of the department or as a result of a hearing on the report, if the court determines that the defendant is fit to proceed, prosecution in ordinary course may commence.(C) If the defendant lacks fitness to proceed but does not present a danger to himself or herself or to the person or property of another, the court may release the defendant on conditions the court determines to be proper.(D) If the defendant lacks fitness to proceed and presents a danger to himself or herself or the person or property of another, the court shall order the department to petition for an involuntary commitment.(E) Upon filing of an order finding that the defendant lacks fitness to proceed issued under subdivision (b)(2)(A) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order to the Arkansas Crime Information Center.
(A) The court shall make a determination within eight (8) months of a commitment pursuant to subsection (a) of this section.
(B) Pursuant to the report of the department or as a result of a hearing on the report, if the court determines that the defendant is fit to proceed, prosecution in ordinary course may commence.
(C) If the defendant lacks fitness to proceed but does not present a danger to himself or herself or to the person or property of another, the court may release the defendant on conditions the court determines to be proper.
(D) If the defendant lacks fitness to proceed and presents a danger to himself or herself or the person or property of another, the court shall order the department to petition for an involuntary commitment.
(E) Upon filing of an order finding that the defendant lacks fitness to proceed issued under subdivision (b)(2)(A) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order to the Arkansas Crime Information Center.
(c) (1) On the court's own motion or upon application of the department, the prosecuting attorney, or the defendant, and after a hearing if a hearing is requested, if the court determines that the defendant has regained fitness to proceed, the criminal proceeding shall be resumed.(2) If the defendant has been receiving and responding well to treatment, including medication, the court may make appropriate orders for the continued treatment or administration of medication, or both, to maintain the fitness of the defendant throughout the remainder of the proceedings.(3) However, if the court is of the view that so much time has elapsed since the alleged commission of the offense in question that it would be unjust to resume the criminal proceeding, the court may dismiss the charge regardless of whether the defendant has regained fitness to proceed.(4) (A) On either the motion of the court or the state, a hearing shall be held to determine whether the charges against a defendant who lacks fitness to proceed due to mental disease or defect may be dismissed if the defendant remains without fitness to proceed for five (5) continuous years from the date of determination of lack of fitness.(B) If the charges are dismissed, the dismissal shall be without prejudice to the state.(C) If the court moves for a hearing, the state shall have notice of at least sixty (60) days before the hearing date unless the state consents to another date.
(1) On the court's own motion or upon application of the department, the prosecuting attorney, or the defendant, and after a hearing if a hearing is requested, if the court determines that the defendant has regained fitness to proceed, the criminal proceeding shall be resumed.
(2) If the defendant has been receiving and responding well to treatment, including medication, the court may make appropriate orders for the continued treatment or administration of medication, or both, to maintain the fitness of the defendant throughout the remainder of the proceedings.
(3) However, if the court is of the view that so much time has elapsed since the alleged commission of the offense in question that it would be unjust to resume the criminal proceeding, the court may dismiss the charge regardless of whether the defendant has regained fitness to proceed.
(4) (A) On either the motion of the court or the state, a hearing shall be held to determine whether the charges against a defendant who lacks fitness to proceed due to mental disease or defect may be dismissed if the defendant remains without fitness to proceed for five (5) continuous years from the date of determination of lack of fitness.(B) If the charges are dismissed, the dismissal shall be without prejudice to the state.(C) If the court moves for a hearing, the state shall have notice of at least sixty (60) days before the hearing date unless the state consents to another date.
(A) On either the motion of the court or the state, a hearing shall be held to determine whether the charges against a defendant who lacks fitness to proceed due to mental disease or defect may be dismissed if the defendant remains without fitness to proceed for five (5) continuous years from the date of determination of lack of fitness.
(B) If the charges are dismissed, the dismissal shall be without prejudice to the state.
(C) If the court moves for a hearing, the state shall have notice of at least sixty (60) days before the hearing date unless the state consents to another date.
(d) (1) Persons authorized by this section to administer treatment or medication shall not be criminally liable for administering treatment or medication pursuant to this subchapter if done in good faith.(2) Persons authorized to administer treatment or medication shall not be civilly liable for such activities when the persons acted in a reasonable manner and according to generally accepted medical and other professional practices.
(1) Persons authorized by this section to administer treatment or medication shall not be criminally liable for administering treatment or medication pursuant to this subchapter if done in good faith.
(2) Persons authorized to administer treatment or medication shall not be civilly liable for such activities when the persons acted in a reasonable manner and according to generally accepted medical and other professional practices.
(e) (1) A law enforcement officer or a corrections officer may employ reasonable force in cases where an individual refuses administration of court-ordered treatment or medication.(2) A law enforcement officer or a corrections officer shall not be criminally or civilly liable for the use of reasonable force under subdivision (e)(1) of this section.
(1) A law enforcement officer or a corrections officer may employ reasonable force in cases where an individual refuses administration of court-ordered treatment or medication.
(2) A law enforcement officer or a corrections officer shall not be criminally or civilly liable for the use of reasonable force under subdivision (e)(1) of this section.