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AR SB191
Bill
Status
1/28/2019
Primary Sponsor
Jason Rapert
Click for details
AI Summary
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Creates a new verdict option of "guilty but with a mental illness" as an alternative to acquittal when a defendant raises the affirmative defense of lack of criminal responsibility due to mental disease or defect.
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Allows prosecutors to request a jury instruction on the "guilty but with a mental illness" verdict, which requires findings that the defendant lacked criminal responsibility, committed the offense, and currently needs psychiatric treatment.
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Establishes procedures for defendants found guilty but with mental illness, including sentencing by the circuit court, initial commitment to Arkansas State Hospital for treatment, and potential transfer to Department of Correction when hospitalization is no longer needed.
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Repeals the prior procedure allowing court-ordered acquittal based solely on psychiatric reports and instead requires jury verdicts or court determinations following proper proceedings.
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Limits confinement of persons found guilty but with mental illness to the maximum sentence for the offense without additional civil or involuntary commitment proceedings.
Legislative Description
To Create The Court Or Jury Finding Of Guilty But With A Mental Illness; Concerning The Affirmative Defense Of Not Guilty By Way Of Mental Disease Or Defect; And Concerning Claims Of Insanity By A Criminal Defendant.
Last Action
Sine Die adjournment
4/24/2019