(a) A circuit court has exclusive jurisdiction over a person acquitted by reason of mental disease or defect and committed to the custody of the Secretary of the Department of Human Services pursuant to § 5-2-314(b).
(b) Venue is determined as follows:
(1) For a person committed to the custody of the Department of Human Services pursuant to § 5-2-314(b) and who has been committed to the Arkansas State Hospital for examination, then venue may be in Pulaski County for the initial hearing pursuant to § 5-2-314 and for a conditional release hearing pursuant to § 5-2-315; and
(2) For a person who has been conditionally released pursuant to § 5-2-315, then venue for any hearing seeking the modification, revocation, or dismissal of a conditional release order is in the county where the person currently resides.
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