Section 22-52-30 Definitions. When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) CAPACITY TO PROCEED OR CONTINUE TO TRIAL. Whether or not a defendant accused of a crime: a. Understands the nature of the charges preferred against him; and b. Is capable of […]
Section 22-52-31 Proceedings for civil commitment of persons accused of crimes, committed to custody of Department of Mental Health and determined to be unable to attain capacity to proceed to trial in foreseeable future; effect of such civil commitment upon statute of limitations, etc. (a) Upon certification by the superintendent of Bryce or Searcy Hospital […]
Section 22-52-32 Proceedings where persons accused of crimes and committed to custody of Department of Mental Health found competent to stand trial or charges nolle prossed or dismissed. Where the superintendent of Bryce or Searcy Hospital or any other facility so designated by the commissioner, after evaluation by appropriate members of the medical staffs of […]
Section 22-52-33 Proceedings for civil commitment of persons in custody of Department of Mental Health who have been adjudicated “not guilty by reason of insanity.” Where any person who is currently in the custody of the Department of Mental Health has been adjudicated “not guilty by reason of insanity” pursuant to the provisions of Sections […]
Section 22-52-34 Proceedings for reevaluation and civil commitment or transfer of certain persons in custody of Department of Mental Health. (a) Where any person is in the custody of the Department of Mental Health pursuant to the provisions of Article 4 of this chapter, the commissioner shall direct the superintendent of Bryce or Searcy Hospital […]
Section 22-52-35 Appointment of special probate judges for consideration, hearing and entry of orders pertaining to commitment or continued custody of certain persons committed or transferred to facilities of Department of Mental Health; qualifications, powers, etc., of special probate judges; conduct of hearings by special probate judges generally. (a) Upon application of the commissioner or […]
Section 22-52-36 Compensation of special probate judges. (a) There is hereby appropriated to the State Comptroller from the general fund of the State Treasurer the sum of $20,000.00 for the purpose of paying salaries and expenses of such special probate judges appointed under the provisions of this article. (b) All special judges of probate appointed […]
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil commitment proceedings are to be conducted in accordance with the following constitutional due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently […]
