SB 390 Summary

• Removes requirement that courts must direct forensic examinations; examiners must now provide opinions on defendant's capacity to understand proceedings and assist in defense as standard practice.

• When a defendant is found competent, examiners must further examine and opine on whether the defendant's capacity to appreciate criminality or conform conduct to law was impaired at time of alleged conduct.

• Counties must procure defendants from Arkansas State Hospital or other facilities within three working days after forensic examination completion or bear room and board costs for subsequent days.

• Allows persons and entities conducting examinations or providing treatment to impose charges not exceeding actual costs, with the Division of Behavioral Health establishing reasonable charges and rules allowing postponement based on clinical considerations or inability to pay.

• Clarifies that receiving facilities, programs, and Arkansas State Hospital may charge for patient evaluation and treatment, with persons legally liable for support jointly and severally liable for treatment charges not exceeding actual costs.