Arkansas Code
Subchapter 3 - Mental Disease or Defect
§ 5-2-329. Data to be maintained by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services

(a)
(1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall maintain a database of all examinations of defendants performed under this subchapter.
(2) The database shall be maintained in a manner that enables it to generate reports and compile data with or without personal identifying information.
(3) The database shall contain without limitation:
(A) The defendant's information on the uniform order required under § 5-2-327 or § 5-2-328;
(B) The name of the judge who ordered the examination, if known;
(C) The name of the attorney who requested the examination, if known;
(D) The name of the examiner who conducted the examination;
(E) The result of the examination;
(F) If the defendant was examined regarding his or her fitness to proceed, whether the defendant had his or her fitness to proceed restored; and
(G) If the defendant was found not guilty or acquitted because of the affirmative defense of lack of criminal responsibility, the defendant's progress through his or her commitment and conditional release.


(b) The database should be designed in a manner that allows reports to be generated for the General Assembly, researchers, and the public to track the efficiency and effectiveness of the examination process and the restoration and treatment programs of the division without invading the privacy of individual defendants and patients.

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