Sec. 5. Not later than ten (10) days before the initial trial date, the court shall determine whether the defendant is an individual with an intellectual disability based on the evidence set forth at the hearing under section 4 of this chapter. The court shall articulate findings supporting the court's determination under this section.
Ind. Code § 35-36-9-5
Determination within ten days of trial
Applied in 6 court decisions — leading case Jenkins v. State (1998)
Most recently applied in 936 So. 2d 89 - State v. Turner (July 2006)
As added by P.L.158-1994, SEC.3
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.