§ 16-86-101. Plea of insanity not to prevent timely trial
Nothing in this chapter shall be construed to prevent a trial of a defendant after an order for observation and examination has been entered.
§ 16-86-102. Examination and observation generally
(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 notice that he or she intends to rely upon the defense […]
§ 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) A licensed psychiatrist who: (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 […]
§ 16-86-104. Admission to State Hospital — Report
(a) If the Director of the Division of Aging, Adult, and Behavioral Health 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 State Hospital for a period not exceeding one (1) month or until a time as the Director […]
§ 16-86-105. Examination and observation — Costs
(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, observation, or treatment of the defendant. […]
§ 16-86-106. Testimony of mental health examiners
(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 or psychologist shall be examined by the […]
§ 16-86-107. Request for examination upon defense of insanity for felony charge
(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 […]
§ 16-86-108. Plea of insanity when period before trial short or insanity alleged after charge
(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) (1) Failure to notify the prosecutor within […]
§ 16-86-110. Insufficient time to submit report to court
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 the case until the examination is complete and the report […]
§ 16-86-111. Allegation of insanity of convicted defendant
(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 conviction of the defendant. (b) In […]
§ 16-86-112. Escape of committed person
(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, the court may recommit him or her to […]
§ 16-86-113. Authority of court in vacation
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.