SB313

Senate Bill 313 amends Arkansas law regarding forensic mental health evaluations, fitness to proceed determinations, and treatment for defendants in the criminal justice system. It establishes definitions for 'jail-based restoration services' and explicitly authorizes these services to be provided in county jails, including via telehealth. The bill modifies procedures for notifying courts and prosecutors when a defendant’s fitness to proceed or criminal responsibility is at issue, and outlines requirements for submitting medical records to the Department of Human Services. It shortens the timelines for the Department to file reports on a defendant's fitness to proceed and for the court to make determinations regarding commitment. The bill clarifies legal protections for personnel administering court-ordered medication or treatment, including the use of reasonable force by law enforcement or corrections officers. It also allows courts to order the administration of medication to incarcerated defendants to maintain their fitness for trial under specified conditions. Finally, it provides guidelines for the potential dismissal of charges for defendants who remain unfit to proceed after five years.