(a) On the conviction by a court of record of competent jurisdiction of a person of an offense, or of a violation of an ordinance which is in whole or in part a violation of a statute of the District of Columbia, the court when satisfied on the testimony of a physician or a psychologist or other evidence that the person is at least moderately mentally retarded as defined in the Mentally Retarded Citizens Constitutional Rights and Dignity Act (D.C. Official Code, § 7-1301.01 et seq.), may suspend sentence, or suspend the entering of an order sending the person to a jail, prison, or reformatory, or to a training or industrial school, and direct that a parent or guardian appointed by the court file a petition under that act.
(b) When the court directs a petition to be filed pursuant to subsection (a) of this section, it may order that, pending the preparation, filing and hearing of the petition, the person be detained in a place of safety, or be placed under the guardianship of a suitable person, if that person enters into a recognizance for his appearance.
(c) Where, upon the hearing of a petition filed pursuant to this section or pursuant to a subsequent hearing under this chapter, the person is found not to be at least moderately mentally retarded, the court shall impose sentence.
CREDIT(S)
(Sept. 14, 1965, 79 Stat. 771, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 568, Pub. L. 91-358, title I, § 150(g)(1)(A); Oct. 22, 1970, 84 Stat. 1087, Pub. L. 91-490, § 2(a)(1); Mar. 3, 1979, D.C. Law 2-137, § 604(a)(3), (4), 25 DCR 5094; Mar. 24, 1998, D.C. Law 12-81, § 14(o), 45 DCR 745.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-1115.
1973 Ed., § 21-1115.
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 21-1101.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 21-1111.
References in Text
The Mentally Retarded Citizens Constitutional Rights and Dignity Act, referred to in subsection (a) of this section, is codified in § 7-1301.01 et seq. in the 2001 Edition of the D.C. Official Code.