CHAPTER 9. PRETRIAL DETERMINATION OF MENTAL RETARDATION IN DEATH SENTENCE CASES
IC 35-36-9
Chapter 9. Pretrial Determination of Mental Retardation in Death
Sentence Cases
IC 35-36-9-1
Applicability
Sec. 1. This chapter applies when a defendant is charged with a
murder for which the state seeks a death sentence under
IC 35-50-2-9.
As added by P.L.158-1994, SEC.3. Amended by P.L.2-1996,
SEC.283.
IC 35-36-9-2
Individual with mental retardation
Sec. 2. As used in this chapter, "individual with mental
retardation" means an individual who, before becoming twenty-two
(22) years of age, manifests:
(1) significantly subaverage intellectual functioning; and
(2) substantial impairment of adaptive behavior;
that is documented in a court ordered evaluative report.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,
SEC.201.
IC 35-36-9-3
Petition alleging mental retardation; filing
Sec. 3. (a) The defendant may file a petition alleging that the
defendant is an individual with mental retardation.
(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. Amended by P.L.99-2007,
SEC.202.
IC 35-36-9-4
Hearing on petition
Sec. 4. (a) The court shall conduct a hearing on the petition under
this chapter.
(b) At the hearing, the defendant must prove by clear and
convincing evidence that the defendant is an individual with mental
retardation.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,
SEC.203.
IC 35-36-9-5
Determination within ten days of trial
Sec. 5. Not later than ten (10) days before the initial trial date, the
court shall determine whether the defendant is an individual with
mental retardation 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.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,
SEC.204.
IC 35-36-9-6
Dismissal of death sentence charging instrument
Sec. 6. If the court determines that the defendant is an individual
with mental retardation under section 5 of this chapter, the part of the
state's charging instrument filed under IC 35-50-2-9(a) that seeks a
death sentence against the defendant shall be dismissed.
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,
SEC.205.
IC 35-36-9-7
Sentencing
Sec. 7. If a defendant who is determined to be an individual with
mental retardation under this chapter is convicted of murder, the
court shall sentence the defendant under IC 35-50-2-3(a).
As added by P.L.158-1994, SEC.3. Amended by P.L.99-2007,
SEC.206.