(a)
(1) The Secretary of the Department of Human Services or his or her designee or a person conditionally released under § 5-2-315, or both, may apply to the court ordering the conditional release for discharge from or modification of the order granting conditional release on the ground that the person conditionally released under § 5-2-315 may be discharged or the order modified without danger to the person conditionally released under § 5-2-315 or to the person or property of another person.
(2) The application shall be accompanied by a supporting affidavit of a qualified physician.
(3) A copy of the application and affidavit shall be transmitted to the prosecuting attorney of the judicial circuit from which the person was conditionally released and to any person supervising his or her release, and the hearing on the application shall be held following notice to the prosecuting attorney and the person supervising his or her release.
(4) On its own motion or on the motion of a party, a court shall dismiss an application made under this section if the court determines that the application is frivolous or repetitive.
(b)
(1) After notice to the conditionally released person and a hearing, the court may determine that the conditionally released person has violated a condition of release or that for the safety of the conditionally released person or for the safety of the person or property of another person the conditional release should be modified, extended for a period specified by the court not to exceed five (5) years, or revoked.
(2)
(A) If an order is entered revoking the most recent order of conditional release under subdivision (b)(1) of this section, all conditions of the release shall be abated, and the person shall be ordered to be committed to the custody of the secretary or the secretary's designee.
(B) After the revocation described in subdivision (b)(2)(A) of this section, the person is subject to future discharge or conditional release only under the procedure prescribed in § 5-2-315.
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