§ 16-86-103. Examination and observation

(a) If the court orders the defendant to undergo examination and observation, the examination and observation of the defendant shall be made by:

1. (1) A licensed psychiatrist who:

   1. (A) Has successfully completed or is currently participating in a post-residency fellowship in forensic psychiatry accredited by the American Board of Psychiatry and Neurology, Inc., or has successfully completed a forensic certification course approved by the Department of Human Services; and

   2. (B) Is currently approved by the department to administer forensic examinations; or

2. (2) A licensed psychologist who:

   1. (A) Has successfully completed or is currently participating in a formal postdoctoral fellowship training program in forensic psychology or has successfully completed a forensic certification course approved by the department; and

   2. (B) Is currently approved by the department to administer forensic examinations.

(b)

1. (1) Upon completion of the examination at a local mental health clinic or center, the court may commit the defendant to the Arkansas State Hospital for further examination and observation if the court determines in its sole discretion that the further examination and observation is warranted.

2. (2) The psychiatrist or the psychologist who examined and observed the defendant shall make a written report to the court and shall indicate:

   1. (A) A description of the nature of the examination;

   2. (B) A substantiated diagnosis in the terminology of the American Psychiatric Association’s current edition of the Diagnostic and Statistical Manual of Mental Disorders;

   3. (C) An opinion on whether the defendant, as a consequence of mental disease or defect, lacks the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense;

   4. (D) A description of any evidence that the defendant is feigning signs and symptoms of mental disease or defect;

   5. (E)

      1. (i) When directed by the court, an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was impaired at the time of the conduct alleged.

      2. (ii) This opinion shall also include a description of the reasoning used by the examiner to support the examiner’s opinion;

   6. (F) When directed by the court, an opinion as to the capacity of the defendant to have the culpable mental state that is required to establish an element of the offense charged;

   7. (G) The signs and symptoms of mental disease or defect that led to the opinion on the presence of mental disease or defect; and

   8. (H) The evidence that supports the opinion of the examiner on the capacity of the defendant to:

      1. (i) Understand the proceedings against him or her; and

      2. (ii) Assist in his or her own defense.