reglab/housing_qa huggingface dataset:
AR Code § 5-2-303 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-303. Admissibility of evidence to show mental state

 Evidence that the defendant suffered from a mental disease or defect is admissible to prove whether the defendant had the kind of culpable mental state required for commission of the offense charged.
AR Code § 5-2-304 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-304. Notice requirement

 (a) When a defendant intends to raise lack of criminal responsibility as a defense in a prosecution or put in issue his or her fitness to proceed, the defendant shall notify the prosecutor and the court at the earliest practicable time.  (b)  (1) Failure to notify the prosecutor within a reasonable time before the trial date entitles the prosecutor to a continuance that for limitation purposes is deemed an excluded period granted on application of the defendant.  (2) Alternatively, in lieu of suspending any further proceedings under § 5-2-328, the court may order the immediate examination of the defendant at a designated receiving facility or program by an expert.
AR Code § 5-2-306 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-306. Access to defendant by examiners of his or her choice

 When a defendant desires to be examined by one (1) or more qualified physicians or other experts of his or her own choice, that qualified physician or other expert is permitted to have reasonable access to the defendant for the purpose of examination.
AR Code § 5-2-307 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-307. Admissibility of statements made during examination or treatment

 A statement made by a person during an examination or treatment is admissible as evidence only:   (1) To the extent permitted by the Arkansas Rules of Evidence; and  (2) If the statement is constitutionally admissible.
AR Code § 5-2-308 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-308. Expert witnesses — Mental health examiner

 (a)  (1) At a hearing concerning a defendant's lack of criminal responsibility or fitness to proceed, or upon trial, an examiner who conducted an examination under § 5-2-327 or § 5-2-328 may be called as a witness by the prosecution, the defendant, or the court.  (2) If the examiner is called by the court, he or she is subject to cross-examination by the prosecution and by the defendant.    (b) Both the prosecution and the defendant may summon any other qualified physician or other expert to testify.
AR Code § 5-2-309 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-309. Determination of fitness to proceed

 (a) If the defendant's fitness to proceed becomes an issue at any stage of the case, the issue of the defendant's fitness to proceed shall be determined by the court.  (b) If neither party contests the finding of the report filed pursuant to § 5-2-327, the court may make the determination under subsection (a) of this section on the basis of the report.  (c) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.
AR Code § 5-2-310 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-310. Lack of fitness to proceed — Procedures subsequent to finding

 (a)  (1)  (A) If the court determines that a defendant lacks fitness to proceed, the proceeding against him or her shall be suspended and the court may commit the defendant to the custody of the Department of Human Services for detention, care, and treatment until restoration of fitness to proceed.  (B) However, if the court is satisfied that the defendant may be released without danger to himself or herself or to the person or property of another, the court may order the defendant's release and the release shall continue at the discretion of the court on conditions the court determines necessary.    (2) A copy of the report filed under § 5-2-327 shall be attached to the order of commitment or order of conditional release.    (b)  (1) Within a reasonable period of time, but in any case within ten (10) months of a commitment pursuant to subsection (a) of this section, the department shall file with the committing court a written report indicating whether the defendant is fit to proceed, or if not, whether:  (A) The defendant's mental disease or defect is of a nature precluding restoration of fitness to proceed; and  (B) The defendant presents a danger to himself or herself or to the person or property of another.    (2)  (A) The court shall make a determination within one (1) year of a commitment pursuant to subsection (a) of this section.  (B) Pursuant to the report of the department or as a result of a hearing on the report, if the court determines that the defendant is fit to proceed, prosecution in ordinary course may commence.  (C) If the defendant lacks fitness to proceed but does not present a danger to himself or herself or to the person or property of another, the court may release the defendant on conditions the court determines to be proper.  (D) If the defendant lacks fitness to proceed and presents a danger to himself or herself or the person or property of another, the court shall order the department to petition for an involuntary admission.  (E) Upon filing of an order finding that the defendant lacks fitness to proceed issued under subdivision (b)(2)(A) of this section with a circuit clerk or a probate clerk, the circuit clerk or the probate clerk shall submit a copy of the order to the Arkansas Crime Information Center.      (c)  (1) On the court's own motion or upon application of the department, the prosecuting attorney, or the defendant, and after a hearing if a hearing is requested, if the court determines that the defendant has regained fitness to proceed, the criminal proceeding shall be resumed.  (2) However, if the court is of the view that so much time has elapsed since the alleged commission of the offense in question that it would be unjust to resume the criminal proceeding, the court may dismiss the charge.
AR Code § 5-2-311 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-311. Lack of fitness to proceed — Motions without defendant's personal participation

 The fact that the defendant lacks fitness to proceed does not preclude through counsel and without the personal participation of the defendant any motion upon:   (1) A ground that the:  (A) Indictment is insufficient;  (B) Statute of limitations has run; or  (C) Prosecution is barred by a former prosecution; or    (2) Any other ground that the court deems susceptible of fair determination prior to trial.
AR Code § 5-2-312 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-312. Lack of criminal responsibility — Affirmative defense

 (a)  (1) It is an affirmative defense to a prosecution that at the time the defendant engaged in the conduct charged he or she lacked criminal responsibility.  (2) When the affirmative defense of lack of criminal responsibility is presented to a jury, prior to deliberations the jury shall be instructed regarding the disposition of a defendant acquitted due to the defendant's lack of criminal responsibility as described under § 5-2-314.    (b) When a defendant is acquitted on a ground of lack of criminal responsibility, the verdict and judgment shall state that the defendant was acquitted on a ground of lack of criminal responsibility.
AR Code § 5-2-313 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-313. Acquittal based on lack of criminal responsibility report

 (a) On the basis of the report filed under § 5-2-328 and after a hearing, if a hearing is requested, the court may enter judgment of acquittal on the ground of lack of criminal responsibility if the court is satisfied that the following criteria are met:  (1) The defendant currently has the capacity to understand the proceedings against him or her and to assist effectively in his or her own defense; and  (2) At the time of the conduct charged, the defendant lacked criminal responsibility.    (b) If the defendant did not raise the issue of lack of criminal responsibility as an affirmative defense under § 5-2-328, then the court is required to make a factual determination that the defendant committed the offense and that he or she lacked criminal responsibility at the time of the commission of the offense.
AR Code § 5-2-316 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-316. Conditional release — Subsequent discharge, modification, or revocation

 (a)  (1) The Secretary of the Department of Human Services or his or her designee or a person conditionally released under § 5-2-315, or both, may apply to the court ordering the conditional release for discharge from or modification of the order granting conditional release on the ground that the person conditionally released under § 5-2-315 may be discharged or the order modified without danger to the person conditionally released under § 5-2-315 or to the person or property of another person.  (2) The application shall be accompanied by a supporting affidavit of a qualified physician.  (3) A copy of the application and affidavit shall be transmitted to the prosecuting attorney of the judicial circuit from which the person was conditionally released and to any person supervising his or her release, and the hearing on the application shall be held following notice to the prosecuting attorney and the person supervising his or her release.  (4) On its own motion or on the motion of a party, a court shall dismiss an application made under this section if the court determines that the application is frivolous or repetitive.    (b)  (1) After notice to the conditionally released person and a hearing, the court may determine that the conditionally released person has violated a condition of release or that for the safety of the conditionally released person or for the safety of the person or property of another person the conditional release should be modified, extended for a period specified by the court not to exceed five (5) years, or revoked.  (2)  (A) If an order is entered revoking the most recent order of conditional release under subdivision (b)(1) of this section, all conditions of the release shall be abated, and the person shall be ordered to be committed to the custody of the secretary or the secretary's designee.  (B) After the revocation described in subdivision (b)(2)(A) of this section, the person is subject to future discharge or conditional release only under the procedure prescribed in § 5-2-315.
AR Code § 5-2-317 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-317. Jurisdiction and venue

 (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.
AR Code § 5-2-326 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-326. Restraint of an Arkansas State Hospital patient

 (a) If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance.  (b) A patient shall not be physically restrained with a restraint if the restraint is medically contraindicated.  (c) The restraint shall be implemented in accordance with safe and appropriate restraint techniques as determined by hospital policy.  (d) The restraint used shall be the least restrictive type or technique necessary to effectively protect the patient, staff members, or others from harm.  (e) The restraint shall not be used as a means of coercion, discipline, convenience, or retaliation by staff.
AR Code § 5-2-329 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|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.
AR Code § 5-2-330 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-330. Examination by Division of Correction prohibited

 A defendant committed to and under the supervision of the Division of Correction who is charged in circuit court shall not undergo an examination or observation conducted under this subchapter by a psychiatrist or other mental health employee of the division to determine the mental condition of the defendant.
AR Code § 5-2-331 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 3 - Mental Disease or Defect|§ 5-2-331. Cost of mental health services, examination, and treatment of defendant

 (a) A person or entity that provides treatment or other mental health services under this subchapter may impose a charge for the cost of the treatment or other mental health services rendered.  (b) A charge for the cost of treatment or other mental health services under this section may not exceed the actual cost of the treatment or other mental health services provided.  (c)  (1) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges for the cost of treatment or other mental health services under this section.  (2) Rules establishing reasonable charges for the cost of treatment or other mental health services under this section shall provide for waiving or postponing the collection of the charges based on:  (A) Clinical considerations;  (B) The defendant's inability to pay; or  (C) A court determination that the defendant is wholly or partly indigent and qualifies for the appointment of an attorney under § 16-87-213.
AR Code § 5-2-401 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 4 - Parties to Offenses|§ 5-2-401. Criminal liability generally

 A person may commit an offense either by his or her own conduct or that of another person.
AR Code § 5-2-402 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 4 - Parties to Offenses|§ 5-2-402. Liability for conduct of another generally

 A person is criminally liable for the conduct of another person if:   (1) The person is made criminally liable for the conduct of another person by the statute defining the offense;  (2) The person is an accomplice of another person in the commission of an offense; or  (3) Acting with a culpable mental state sufficient for the commission of the offense, the person causes another person to engage in conduct that would constitute an offense but for a defense available to the other person.
AR Code § 5-2-403 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 4 - Parties to Offenses|§ 5-2-403. Accomplices

 (a) A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, the person:  (1) Solicits, advises, encourages, or coerces the other person to commit the offense;  (2) Aids, agrees to aid, or attempts to aid the other person in planning or committing the offense; or  (3) Having a legal duty to prevent the commission of the offense, fails to make a proper effort to prevent the commission of the offense.    (b) When causing a particular result is an element of an offense, a person is an accomplice of another person in the commission of that offense if, acting with respect to that particular result with the kind of culpable mental state sufficient for the commission of the offense, the person:  (1) Solicits, advises, encourages, or coerces the other person to engage in the conduct causing the particular result;  (2) Aids, agrees to aid, or attempts to aid the other person in planning or engaging in the conduct causing the particular result; or  (3) Having a legal duty to prevent the conduct causing the particular result, fails to make a proper effort to prevent the conduct causing the particular result.
AR Code § 5-2-404 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 4 - Parties to Offenses|§ 5-2-404. Defenses

 (a) Unless otherwise provided by the statute defining the offense, a person is not an accomplice in an offense if:  (1) The person is a victim of the offense; or  (2) The offense is defined so that the person's conduct is inevitably incident to the commission of the offense.    (b) It is an affirmative defense to a prosecution for an offense respecting which the liability of the defendant is based on the conduct of another person that the defendant terminates his or her complicity prior to the commission of the offense and:  (1) Wholly deprives his or her complicity of effectiveness in the commission of the offense;  (2) Gives timely warning to an appropriate law enforcement authority; or  (3) Otherwise makes a proper effort to prevent commission of the offense.
AR Code § 5-2-405 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 4 - Parties to Offenses|§ 5-2-405. Claims that are not defenses to liability for another

 In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:   (1) The offense charged, as defined, can be committed only by a particular class of persons and the defendant not belonging to that particular class of persons is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing his or her incapacity;  (2) The other person has not been charged with, prosecuted for, convicted of, or has been acquitted of any offense or has been convicted of a different offense or degree of offense, based upon the conduct in question, even if the defendant and the other person were tried jointly; or  (3) The other person has a legal immunity from prosecution based upon the conduct in question.
AR Code § 5-2-406 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 4 - Parties to Offenses|§ 5-2-406. Multiple convictions — Different degrees

 When two (2) or more persons are criminally liable for an offense of which there are different degrees, each person is liable only for the degree of the offense that is consistent with the person's own:   (1) Culpable mental state; or  (2) Accountability for an aggravating fact or circumstance.
AR Code § 5-2-501 (2020)
2020 Arkansas Code|Title 5 - Criminal Offenses|Subtitle 1 - General Provisions|Chapter 2 - Principles of Criminal Liability|Subchapter 5 - Organizations and Their Agents|§ 5-2-501. Definitions

 As used in this subchapter:   (1) “Agent” means any officer, director, or employee of an organization or any other person who is authorized to act in behalf of an organization;  (2) “High managerial agent” means an agent or officer of an organization who has duties of such responsibility that his or her conduct reasonably may be assumed to represent the policy of the organization; and  (3) “Organization” means a legal entity and includes:  (A) A corporation, company, association, firm, partnership, or joint-stock company;  (B) A foundation, institution, society, union, club, or church; or  (C) Any other group of persons organized for any purpose.