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Ind. Code § 35-36-9-3

Petition alleging an intellectual disability

Applied in 2 court decisions — leading case McManus v. Neal (2015)

Most recently applied in McManus v. Neal (February 2015)

As added by P.L.158-1994, SEC.3

Sec. 3. (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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.