Determination of fitness to proceed
Applied in 11 court decisions — leading case Greene v. State (1998)
Most recently applied in Lovell Govan v. State of Arkansas (March 2025)
Acts 1975, No. 280, § 606; A.S.A. 1947, § 41-606; Acts 2017, No. 472, § 8.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) 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.
(2) 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.
(3) If the finding of the report is contested, the court shall hold a hearing on the issue of the defendant's fitness to proceed.
Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.