Ark. Code Ann. » Title 20 Chapter 47
Arkansas Code Annotated

Ark. Code Ann. § 20-47-201 (2026)

Purpose — Policy

✓ current as of May 2026
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  1. The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to assist in:
    1. Establishing, maintaining, and coordinating a comprehensive and effective system of services for persons with mental illness, disease, or disorder who may be voluntarily or involuntarily admitted to mental health facilities and programs within the state;
    2. Reducing the occurrence, severity, and duration of mental disabilities; and
    3. Preventing persons with mental illness from harming themselves or others.
  2. It is the policy of this state to provide access for persons with severe mental illness to appropriate, adequate, and humane care which, to the extent possible while meeting the purposes of rehabilitation and treatment, is:
    1. Within each person's own geographic area of residence;
    2. Least restrictive of the person's freedom of movement and ability to function normally in society, while being appropriate to the individual's capacity and promoting the person's independence; and
    3. Directed toward assuring movement through all treatment components to assure continuity of care.
  3. It is the policy of this state to maintain involuntary admission laws to ensure that mental illness, disease, or disorder in and of itself is insufficient to involuntarily admit any person into the mental health services system.

History. Acts 1989, No. 861, § 27; 2013, No. 980, § 14; 2017, No. 913, § 73.

Amendments. The 2013 amendment substituted “Behavioral” for “Mental” in the introductory language of (a).

The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Behavioral Health Services” in the introductory language of (a).

Research References

U. Ark. Little Rock L. Rev.

Bettina Brownstein, Essay: Lake View — A Roadmap for Asserting the Rights of the Jailed Mentally Ill, 35 U. Ark. Little Rock L. Rev. 525 (2013).

Case Notes

Jurisdiction.

Although a probate court may in some instances, after appropriate hearings, involuntarily commit for an extended period a mentally ill person who is dangerous to himself or herself or others, the jurisdiction of a circuit court with respect to criminal defendants thought to be mentally ill is limited. Henley v. Taylor, 324 Ark. 114, 918 S.W.2d 713, 922 S.W.2d 681 (1996).

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 1996–2025 · leading case: Hattison v. State, 920 S.W.2d 849 (Ark. 1996).
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Hattison v. State, 920 S.W.2d 849 (Ark. 1996). · cites it 4× “See Ark.Code Ann. § 20-47-201 (Supp.1989) Purpose—Policy.”
Chatman v. State, 985 S.W.2d 718 (Ark. 1999). · cites it 4× “” See Ark. Code Ann. §§ 20-47-201 through 20-47-222 (Repl.”
Buchte v. State, 990 S.W.2d 539 (Ark. 1999). · cites it 2× “” See Ark. Code Ann. §§ 20-47-201 through 20-47-222 (Repl.”
Henley v. Taylor, 918 S.W.2d 713 (Ark. 1996). · cites it 2× “Although a probate court may in some instances, after appropriate hearings, involuntarily commit for an extended period a mentally ill person who is dangerous to himself or herself or others, Ark. Code Ann. §§ 20-47-201 through 20-47-228 (Repl.”
Floyd E. Sagely, Jr. v. Asa Hutchinson, Governor of Arkansas Colonel William J. Bryant, Dir. of the Arkansas State Police & Brad Cazort, Dir. of the Arkansas Crime Info. Ctr., in Their Off. Capacities, 2024 Ark. 37 (Ark. 2024). · cites it 2× “Sagely was thus involuntarily committed to a mental health treatment facility for up to forty-five days under Arkansas Code Annotated sections 20-47-201 et seq. On May 15, 2019, Sagely was stopped for a traffic violation in Little River County.”
Cannon v. Garland Cnty., 948 F. Supp. 1368 (W.D. Ark. 1996). · cites it 8× “As it happens, this very issue has already been addressed by a federal court sitting in Arkansas — -with respect to the pri- or law which was in place before the advent of Ark.Code Ann. § 20-47-201, et seq.. It is therefore appropriate to first examine that holding.”
Barnett v. State, 942 S.W.2d 860 (Ark. 1997). · cites it 2× “He suggests the civil commitment statutes, Ark. Code Ann. §§ 20-47-201 -228 (Repl. 1991 and Supp.”
Clinton Bunker v. State of Arkansas, 2025 Ark. App. 593 (Ark. Ct. App. 2025). · cites it 2× “” The court found “that there is clear and convincing evidence that the Respondent is mentally ill and in need of an evaluation pursuant to Arkansas Code Annotated Section 20-47-201 et seq.” The circuit court denied Bunker’s motion to dismiss.”
Robinson v. Arkansas State Hosp. (E.D. Ark. 2021). “Any disputes can be addressed in due course. Finally, it is unclear why Robinson is at the State Hospital voluntarily or involuntarily, but his presence there is governed by state law.”
Chuong Le v. State of Arkansas, 2025 Ark. App. 165 (Ark. Ct. App. 2025). “The statutory scheme for evaluating and treating a person who is dangerous to himself or others is set forth in Arkansas Code Annotated sections 20-47-201 to -230 (Repl. 2018 & Supp.”
Greg Cannon v. State of Arkansas (8th Cir. 1998). “(Michie 1991), which set forth the time frames for filing involuntary civil commitment petitions and for holding hearings, are unconstitutional as they do not afford minimum due process to detainees. Because we conclude that Greg Alan Cannon lacked standing to bring a facial…”
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