Arkansas Code
Subchapter 3 - Mental Disease or Defect
§ 5-2-302. Lack of fitness to proceed generally

(a) No person who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect shall be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures.
(b) A court shall not enter a judgment of acquittal on the ground of mental disease or defect against a defendant who lacks the capacity to understand a proceeding against him or her or to assist effectively in his or her own defense as a result of mental disease or defect.

Structure Arkansas Code

Arkansas Code

Title 5 - Criminal Offenses

Subtitle 1 - General Provisions

Chapter 2 - Principles of Criminal Liability

Subchapter 3 - Mental Disease or Defect

§ 5-2-301. Definitions

§ 5-2-302. Lack of fitness to proceed generally

§ 5-2-303. Admissibility of evidence to show mental state

§ 5-2-304. Notice requirement

§ 5-2-306. Access to defendant by examiners of his or her choice

§ 5-2-307. Admissibility of statements made during examination or treatment

§ 5-2-308. Expert witnesses — Mental health examiner

§ 5-2-309. Determination of fitness to proceed

§ 5-2-310. Lack of fitness to proceed — Procedures subsequent to finding

§ 5-2-311. Lack of fitness to proceed — Motions without defendant's personal participation

§ 5-2-312. Lack of criminal responsibility — Affirmative defense

§ 5-2-313. Acquittal based on lack of criminal responsibility report

§ 5-2-314. Acquittal — Examination of defendant — Hearing

§ 5-2-315. Discharge or conditional release

§ 5-2-316. Conditional release — Subsequent discharge, modification, or revocation

§ 5-2-317. Jurisdiction and venue

§ 5-2-326. Restraint of an Arkansas State Hospital patient

§ 5-2-327. Examination of defendant — Fitness to proceed

§ 5-2-328. Examination of defendant — Affirmative defense of lack of criminal responsibility

§ 5-2-329. Data to be maintained by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services

§ 5-2-330. Examination by Division of Correction prohibited

§ 5-2-331. Cost of mental health services, examination, and treatment of defendant