(a) A person is eligible for participation in a mental health specialty court program if:

(1) The person has a mental illness;

(2) The person is charged with a criminal offense other than a criminal offense listed in subsection (b) of this section;

(3) The person waives his or her rights to a speedy trial and other rights as determined by the mental health specialty court and executes a consent for a limited release of confidential information regarding mental health treatment permitting the mental health specialty court, the prosecuting attorney, and the defense attorney access to information relating to attendance, attitude, participation, results of drug screens if ordered, and all pertinent medical records; and

(4)

(A) The person is eighteen (18) years of age or older.

(B) Subdivision (a)(4)(A) of this section may be waived with the consent of the prosecuting attorney.

(b) A person charged with one (1) or more of the following offenses is ineligible to participate in a mental health specialty court program:

(1) A serious felony involving violence as defined in § 5-4-501(c)(2);

(2) A felony offense that would require the person to register as a sex offender; or

(3) An offense specifically excluded by the rules of a specific mental health specialty court program.

(c) This subchapter does not require a mental health specialty court to consider or accept every person with a treatable mental health condition, regardless of the fact that the criminal offense for which the person is charged is eligible for consideration in the mental health specialty court program.

(d) A person who is denied entry into a mental health specialty court program is subject to prosecution for the criminal offense with which he or she was charged as provided by law.

(e) A mental health specialty court may require the circuit court clerk or probate clerk to submit to the Arkansas Crime Information Center a copy of an order transferring a person to the mental health specialty court.