Arkansas Code Annotated

Ark. Code Ann. § 5-2-316 (2026)

Conditional release — Subsequent discharge, modification, or revocation

✓ current as of May 2026

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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.
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. 1. 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.
  2. 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.

History. Acts 1975, No. 280, § 614; A.S.A. 1947, § 41-614; Acts 1997, No. 922, § 3; 2007, No. 623, § 1; 2011, No. 990, § 2; 2013, No. 981, § 3; 2013, No. 1125, § 1; 2019, No. 910, §§ 5124, 5125.

Amendments. The 2011 amendment, in (a)(1), substituted “the director of the Department of Human Services or his or her designee, or a” for “any” and “under § 5-2-314, or both” for “pursuant to § 5-2-314 or § 5-2-315”; in (b)(1), deleted “within five (5) years after the most recent order of conditional release is issued pursuant to § 5-2-314 or § 5-2-315 and” preceding “after notice,” inserted “person” following “another,” and substituted “modified, extended for a period specified by the court not to exceed five (5) years, or revoked” for “modified or revoked”; in (b)(2)(A), deleted “including the five-year conditional release time frame in subdivision (b)(1) of this section” following “abated” and “of the Department of Human Services” following “director”; and inserted “conditional” in (b)(2)(B).

The 2013 amendment by No. 981 inserted (a)(4).

The 2013 amendment by No. 1125, in (a)(1), substituted “the person conditionally released under § 5-2-315” for “he or she” and for “himself or herself.”

The 2019 amendment substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (a)(1); and substituted “secretary” for “director” and “secretary's” for “director's” in (b)(2)(A).

Case Notes

Jurisdiction.

Circuit court did not lack jurisdiction in 2006 to consider a petition for the conditional release of a state hospital patient who had been the subject of an initial conditional-release order in 1993 because this section, even prior to clarifying amendments made in 2007, could not properly be read as automatically depriving the court of jurisdiction 5 years after an initial order. State v. Owens, 370 Ark. 421, 260 S.W.3d 288 (2007).

Revocation Upheld.

Conditional release properly revoked where mentally ill appellant violated the terms of his conditional release from the state hospital by leaving the state; the trial judge was entitled to disbelieve his uncorroborated claim that he did so involuntarily due to inadequate medication. Manning v. State, 76 Ark. App. 91, 61 S.W.3d 910 (2001).

Circuit court did not err in revoking appellant's order of conditional release from the state mental hospital where her release was conditioned on treating her one-on-one nurse with dignity and respect and taking her medication, and the evidence showed that she was noncompliant with taking her medication, she was verbally hostile to multiple individuals assisting with her treatment, and she threatened to beat and kill her nurse. Allmon-Lipscomb v. Arkansas, 2017 Ark. App. 301 (2017).

Cited: Barnett v. State, 328 Ark. 246, 942 S.W.2d 860 (1997).

Notes of Decisions

Cited in 5 cases, 1997–2017 · leading case: State v. Owens, 260 S.W.3d 288 (Ark. 2007).

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State v. Owens, 260 S.W.3d 288 (Ark. 2007). · cites it 16× “Owens argued that, pursuant to Ark. Code Ann. § 5-2-316 , the court lost jurisdiction over this case in 1998, five years after the initial order of conditional release entered on August of 1993.”

Manning v. State, 61 S.W.3d 910 (Ark. Ct. App. 2001). · cites it 2× “Ark. Code Ann. § 5-2-316 (b) (Repl. 1997).”

Cleveland v. Frazier, 999 S.W.2d 188 (Ark. 1999). · cites it 2× “However, within one month, on April 17, 1996, the Lonoke County Probate Court entered an order that revoked Mr. Cleveland’s conditional release and returned him to the custody of the Director of DHS at the Arkansas State Hospital pursuant to Ark.”

Barnett v. State, 942 S.W.2d 860 (Ark. 1997). · cites it 2× “See Ark. Code Ann. § 5-2-316 (b) (Repl. 1993).”

Allmon-Lipscomb v. State, 2017 Ark. App. 301 (Ark. Ct. App. 2017). · cites it 2× “Ark. Code Ann. § 5-2-316 (b)(l) (Supp. 2016).”

— Ark. Code Ann. § 5-2-316(b) — 1 case

State v. Owens, 260 S.W.3d 288 (Ark. 2007). “Owens argued that, pursuant to Ark. Code Ann. § 5-2-316 , the court lost jurisdiction over this case in 1998, five years after the initial order of conditional release entered on August of 1993.”

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