Title 16 — Practice, Procedure, And Courts

Nothing in this chapter shall be construed to prevent a trial of a defendant after an order for observation and examination has been entered.

(a) (1) Whenever a prosecution for any crime has been instituted in the circuit court by indictment or information, the court, subject to the provisions of §§ 5-2-304 and 5-2-311, shall immediately suspend all further proceedings in the prosecution if:(A) The defendant files noti…

(a) If the court orders the defendant to undergo examination and observation, the examination and observation of the defendant shall be made by:(1) A licensed psychiatrist who:(A) Has successfully completed or is currently participating in a post-residency fellowship in forensic …

(a) If the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services determines that a defendant should be admitted to the Arkansas State Hospital for examination and observation, the defendant shall be committed to the Arkansas …

(a) (1) The cost of examination other than by examiners retained by the defendant shall be borne by the state.(2) Room and board costs shall also be borne by the state so long as the Arkansas State Hospital has actual physical custody of the defendant for the evaluation, observat…

(a) (1) (A) When a defendant has been examined, the qualified psychiatrist or qualified psychologist who prepared the examination report shall be summoned as a witness at the trial at the order of the trial judge or at the request of either party.(B) If summoned, the psychiatrist…

(a) (1) Whenever a defendant has been held for trial and the defense of insanity is an issue in the matter, the defendant or some person for him or her shall file a motion or request for an order of examination in the office of the clerk of the circuit court.(2) The clerk shall i…

(a) Whenever a defendant shall be held for trial in circuit court and the defendant alleges that he or she has become insane after being legally charged, the defendant or some person for the defendant must notify the prosecutor and the court at the earliest practicable time. (b) …

A.C.A. § 16-86-109Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

When proper and timely request is made to the court for an order of examination and observation and there is not sufficient time to complete the examination and submit the report before scheduled proceedings in the case, the court may order examination and immediately continue th…

(a) The procedure provided in this chapter shall also be followed, insofar as it is applicable, in any case in which the insanity of the convicted defendant is alleged as a ground for postponing or not carrying out execution of any sentence imposed as part of the judgment of conv…

(a) A person committed to the state hospital in compliance with this chapter who escapes from the hospital shall be returned to the jurisdiction of the committing court upon his or her apprehension. (b) After the return of the person to the jurisdiction of the committing court, t…

The circuit judges in vacation may make any order pertaining to the commitment, examination, observation, or return from the Arkansas State Hospital, after examination, of any defendant that they might make during a regular term of court at which the defendant might be tried.