(a) If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court.
(b) If neither party contests the finding of the report filed pursuant to § 5-2-327, the court may make the determination under subsection (a) of this section on the basis of the report.
(c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.
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