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

Indiana Statutes

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

Indiana·Art. 36 PRETRIAL NOTICES, MOTIONS, AND·Ch. 9 Pretrial Determination of Intellectual Disability in Death

(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.

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(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.

Indiana § 35-36-9-3 (Petition alleging an intellectual disability) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.