Indiana Code

Ind. Code § 35-36-9-3 (2025)

Petition alleging an intellectual disability

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 3. (a) The defendant may file a petition alleging that the defendant is an individual with an intellectual disability.

     (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; P.L.117-2015, SEC.49.

 

Notes of Decisions
Cited in 4 cases, 2002–2015 · leading case: State v. McManus, 868 N.E.2d 778 (Ind. 2007).
State v. McManus, 868 N.E.2d 778 (Ind. 2007). · cites it 6× “Ind.Code Ann. § 35-36-9-3. The court must then order an evaluation and determine at least ten days prior to trial whether the defendant is in fact mentally retarded.”
Pruitt v. State, 834 N.E.2d 90 (Ind. 2005). · cites it 2× “I.C. § 35-36-9-3 -4. Pruitt argues that this procedure for determining whether a defendant is mentally retarded is unconstitutional because it "conflicts with several other constitutional protections afforded a defendant.”
Smallwood v. State, 773 N.E.2d 259 (Ind. 2002). · cites it 2× “I.C. § 35-36-9-3. Upon receipt of the petition, the trial- court must order an evaluation of the defendant.”
Paul M. McManus v. Ron Neal, 779 F.3d 634 (7th Cir. 2015). “See Ind.Code §§ 35-36-9-3, -5. Failure to use the statutory procedure waives the right to raise the claim later.”
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