2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 2 - Principles of Criminal Liability
Subchapter 3 - Mental Disease or Defect
§ 5-2-301 - Definitions.

5-2-301. Definitions.

As used in this subchapter:

(1) "Appropriate facility" means any facility within or without this state to which a defendant is eligible for admission and treatment for mental disease or defect;

(2) "Capacity of the defendant to have the culpable mental state" means a defendant's ability to have the culpable mental state necessary to establish an element of the offense charged, as defined in 5-2-202;

(3) "Compliance monitor" means either a social service representative or licensed social worker, or both, employed by the Department of Human Services for the purpose of, including, but not limited to:

(A) Verifying that a person conditionally released pursuant to a provision of this subchapter is in compliance with the conditions for release;

(B) Providing social service assistance to a person conditionally released pursuant to a provision of this subchapter; and

(C) Reporting compliance with the conditions for release or lack of compliance with the conditions for release to the appropriate circuit court;

(4) "Designated receiving facility or program" means an inpatient or outpatient treatment facility or program that is designated within each geographic area of the state by the Director of the Division of Behavioral Health of the Department of Human Services to accept the responsibility for the care, custody, and treatment of a person involuntarily admitted to the state mental health system;

(5) (A) "Mental disease or defect" means a:

(i) Substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life;

(ii) State of significantly subaverage general intellectual functioning existing concurrently with a defect of adaptive behavior that developed during the developmental period; or

(iii) Significant impairment in cognitive functioning acquired as a direct consequence of a brain injury.

(B) As used in the Arkansas Criminal Code, "mental disease or defect" does not include an abnormality manifested only by:

(i) Repeated criminal or otherwise antisocial conduct;

(ii) Continuous or noncontinuous periods of intoxication, as defined in 5-2-207(b)(1), caused by a substance such as alcohol or a drug; or

(iii) Dependence upon or addiction to any substance such as alcohol or a drug;

(6) "Prescribed regimen of medical, psychiatric, or psychological care or treatment" means to care or treatment for a mental illness, as defined in 20-47-202;

(7) "Qualified psychiatrist" means a licensed psychiatrist who has successfully completed either a post-residency fellowship in forensic psychiatry accredited by the American Board of Psychiatry and Neurology or a forensic certification course approved by the department, and who is currently approved by the department to administer a forensic examination as defined in this subchapter;

(8) "Qualified psychologist" means a licensed psychologist who has received a post-doctoral diploma in forensic psychology accredited by the American Board of Professional Psychology or successfully completed a forensic certification course approved by the department, and who is currently approved by the department to administer a forensic examination as defined in this subchapter;

(9) (A) "Restraint" means any manual method, physical or mechanical device, material, or equipment that immobilizes a person or reduces the ability of a person to move his or her arms, legs, body, or head freely.

(B) "Restraint" does not include devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of a person for the purpose of protecting the person from falling or to permit the person to participate in activities without the risk of physical harm to himself or herself; and

(10) "State mental health system" means the Arkansas State Hospital and any other facility or program certified by the Division of Behavioral Health of the Department of Human Services.