Code of Alabama
Ala. Code § 15-24-2 (2026)
Definitions.
✓ official Alabama Legislature (ALISON) text, current July 2026
For the purpose of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) COURT. The court having jurisdiction over the offense charged.
(2) DEFENDANT. Any person accused of a criminal offense against state laws.
(3) INTELLECTUALLY DISABLED PERSON. A person with significant subaverage general intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period, as measured by appropriate standardized testing instruments.
(Acts 1985, No. 85-652, p. 1020, §2.)
Notes of Decisions
Cited in 20
cases, 2003–2016 · leading case: Thomas v. Allen, 614 F. Supp. 2d 1257 (N.D. Ala. 2009).
Thomas v. Allen, 614 F. Supp. 2d 1257 (N.D. Ala. 2009). “” Ala.Code § 15-24-2(3) (1975) (1995 Replacement Vol.”
Stallworth v. State, 868 So. 2d 1128 (Ala. Crim. App. 2003). “We have examined the record, as did the Alabama Supreme Court in Perkins, and find, based on the exhibits, reports, and testimony, that Stallworth fails to meet the definition of mental retardation contained in § 15-24-2 or in specific legislation by any of those states that…”
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). “See also § 15-24-2(3), Ala.Code 1975 (a part of the "Retarded Defendant Act," § 15-24-1 et seq.”
Ybarra v. State, 247 P.3d 269 (Nev. 2011). “” Ala. Code § 15-24-2 (3) (LexisNexis 1995 & Supp.”
Tarver v. State, 940 So. 2d 312 (Ala. Crim. App. 2005). “For purposes of the Act, § 15-24-2(3), Ala.Code 1975, defines a mentally retarded person as "[a] person with significant subaverage general intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the…”
Roosevelt Arthur Williams v. State of Arizona, 303 P.3d 532 (Ariz. Ct. App. 2013). “2010) 55 Appendix 2 State Statutory Standards for Determining Mental Retardation State Requires Requires Requires 2+ IQ threshold? Prior to Source diminished diminished diminished Age intellectual adaptive adaptive ability? behavior? behavior? AL Yes Yes No None “Develop- Ala.…”
Morris v. State, 60 So. 3d 326 (Ala. Crim. App. 2010). “” § 15-24-2(3), Ala.Code 1975. The Alabama Supreme Court has directed that review of Atkins claims are to be conducted applying the “ ‘most common’ or ‘broadest’ definition of mental retardation, as represented by the clinical definitions considered in Atkins and the definitions…”
Brown v. State, 982 So. 2d 565 (Ala. Crim. App. 2006). “The only Alabama statute that provides assistance in making this determination is § 15-24-2(3), Ala.Code 1975, which defines a "mentally retarded person" as "[a] person with significant subaverage general intellectual functioning resulting in or associated with concurrent…”
Clemons v. State, 55 So. 3d 314 (Ala. Crim. App. 2005). “Currently, the only Alabama statute on the subject is § 15-24-2(3), Ala.Code 1975, which defines a "mentally retarded person" as "[a] person with significant subaverage general intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior…”
Lane v. State, 169 So. 3d 1076 (Ala. Crim. App. 2013). “’ “§ 15-24-2(3), Ala.Code 1975. “The Alabama Supreme Court has directed that review of Atkins claims are to be conducted applying the ‘ “most common” or “broadest” definition of mental retardation, as represented by the clinical definitions considered in Atkins and the…”
Jackson v. Norris, 615 F.3d 959 (8th Cir. 2010). “See Ala.Code § 15-24-2(3); CahPenal Code § 1376(a); Conn.”
Smith v. State, 112 So. 3d 1108 (Ala. Crim. App. 2012). “’ “ § 15-24-2(3), Ala.Code 1975. “The Alabama Supreme Court has directed that review of Atkins claims are to be conducted applying the ‘ “most common” or “broadest” definition of mental retardation, as represented by the clinical definitions considered in Atkins and the…”
— Ala. Code § 15-24-2(3) — 17 cases
Thomas v. Allen, 614 F. Supp. 2d 1257 (N.D. Ala. 2009). “” Ala.Code § 15-24-2(3) (1975) (1995 Replacement Vol.”
Stallworth v. State, 868 So. 2d 1128 (Ala. Crim. App. 2003). “We have examined the record, as did the Alabama Supreme Court in Perkins, and find, based on the exhibits, reports, and testimony, that Stallworth fails to meet the definition of mental retardation contained in § 15-24-2 or in specific legislation by any of those states that…”
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). “See also § 15-24-2(3), Ala.Code 1975 (a part of the "Retarded Defendant Act," § 15-24-1 et seq.”
Tarver v. State, 940 So. 2d 312 (Ala. Crim. App. 2005). “For purposes of the Act, § 15-24-2(3), Ala.Code 1975, defines a mentally retarded person as "[a] person with significant subaverage general intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the…”
Morris v. State, 60 So. 3d 326 (Ala. Crim. App. 2010). “” § 15-24-2(3), Ala.Code 1975. The Alabama Supreme Court has directed that review of Atkins claims are to be conducted applying the “ ‘most common’ or ‘broadest’ definition of mental retardation, as represented by the clinical definitions considered in Atkins and the definitions…”
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