Indiana § 35-36-9-3 Petition alleging an intellectual disability

Indiana Statutes

§ 35-36-9-3 — Petition alleging an intellectual disability

Indiana § 35-36-9-3

Art. 36PRETRIAL NOTICES, MOTIONS, AND

Ch. 9Pretrial Determination of Intellectual Disability in Death

This text of Indiana § 35-36-9-3 (Petition alleging an intellectual disability) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-36-9-3 (2026).

Text

(a)The defendant may file a petition alleging that the defendant is an individual with an intellectual disability.

(b)The petition must be filed not later than twenty (20) days before the omnibus date.

(c)Whenever the defendant files a petition under this section, the court shall order an evaluation of the defendant for the purpose of providing evidence of the following:

(1)Whether the defendant has a significantly subaverage level of intellectual functioning.

(2)Whether the defendant's adaptive behavior is substantially impaired.

(3)Whether the conditions described in subdivisions (1) and (2) existed before the defendant became twenty-two (22) years of age.

Free access — add to your briefcase to read the full text and ask questions with AI

(a) The defendant may file a petition alleging
that the defendant is an individual with an intellectual disability.
(b) The petition must be filed not later than twenty (20) days before
the omnibus date.
(c) Whenever the defendant files a petition under this section, the
court shall order an evaluation of the defendant for the purpose of
providing evidence of the following:
(1) Whether the defendant has a significantly subaverage level of
intellectual functioning.
(2) Whether the defendant's adaptive behavior is substantially
impaired.
(3) Whether the conditions described in subdivisions (1) and (2)
existed before the defendant became twenty-two (22) years of age.