Petition alleging mental retardation; filing
Sec. 3. (a) The defendant may file a petition alleging that the
defendant is a mentally retarded individual.
(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.
As added by P.L.158-1994, SEC.3.
Last modified: May 24, 2006