(a) When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.
(b)
(1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.
(2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328, the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.
Structure Arkansas Code
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
Subchapter 3 - Mental Disease or Defect
§ 5-2-302. Lack of fitness to proceed generally
§ 5-2-303. Admissibility of evidence to show mental state
§ 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
§ 5-2-330. Examination by Division of Correction prohibited
§ 5-2-331. Cost of mental health services, examination, and treatment of defendant