K.S.A. » Chapter 76
Kansas Statutes Annotated

K.S.A. § 76-12b01 (2026)

Definitions

✓ current as of May 2026
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76-12b01. Definitions. When used in this act:

(a) "Adaptive behavior" means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected of that person's age, cultural group and community.

(b) "Care" means supportive services, including, but not limited to, provision of room and board, supervision, protection, assistance in bathing, dressing, grooming, eating and other activities of daily living.

(c) "Institution" means a state institution for people with intellectual disability including the following institutions: Kansas neurological institute and Parsons state hospital.

(d) "Intellectual disability" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior.

(e) "Respite care" means temporary, short-term care not exceeding 90 days per calendar year to provide relief from the daily pressures involved in caring for a person with intellectual disability.

(f) "Restraint" means the use of a totally enclosed crib or any material to restrict or inhibit the free movement of one or more limbs of a person except medical devices which limit movement for examination, treatment or to insure the healing process.

(g) "Seclusion" means being placed alone in a locked room where the individual's freedom to leave is thereby restricted and where such placement is not under continuous observation.

(h) "Secretary" means the secretary for aging and disability services or the designee of the secretary.

(i) "Significantly subaverage general intellectual functioning" may be established by performance which is two or more standard deviations from the mean score on a standardized intelligence test specified by the secretary. Such standardized intelligence test shall take into account the standard error of measurement, and subaverage general intellectual functioning may be established by means in addition to standardized intellectual testing. The amendments made to this subsection by this act shall be construed and applied retroactively.

(j) "Superintendent" means the chief administrative officer of the institution or the designee of the chief administrative officer.

(k) "Training" means the provision of specific environmental, physical, mental, social and educational interventions and therapies for the purpose of halting, controlling or reversing processes that cause, aggravate or complicate malfunctions or dysfunctions of development.

History: L. 1984, ch. 339, § 1; L. 1996, ch. 60, § 1; L. 2012, ch. 91, § 68; L. 2014, ch. 115, § 422; L. 2016, ch. 108, § 1; July 1.

Notes of Decisions
Cited in 6 cases, 2003–2020 · leading case: State v. Thurber, 420 P.3d 389 (Kan. 2018).
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State v. Thurber, 420 P.3d 389 (Kan. 2018). · cites it 22× “21-4623(e) (" '[M]entally retarded' means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01... to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform one's conduct to the…”
State v. Maestas, 316 P.3d 724 (Kan. 2014). · cites it 6× “21-4634(f) defines “mental retardation” to mean “having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01 and amendments thereto, to an extent which substantially impairs one’s capacity to appreciate the criminality of one’s conduct or to…”
State v. Backus, 287 P.3d 894 (Kan. 2012). · cites it 3× ““(f) As used in this section, ‘mentally retarded’ means having significantly sub-average general intellectual functioning, as defined by K.S.A. 76-12b01 and amendments thereto, to an extent which substantially impairs one’s capacity to appreciate tire criminality of one’s…”
Stallworth v. State, 868 So. 2d 1128 (Ala. Crim. App. 2003). “Code § 35-36-9-2 (1998); "`[M]entally retarded' means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01 and amendments thereto, to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or…”
State v. Corbin, 461 P.3d 38 (Kan. 2020). · cites it 3× “Intellectual disability is defined as "having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01, and amendments thereto, to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform…”
State v. Corbin (Kan. 2016). · cites it 10× “21-6622 and the 2016 amendments to K.S.A. 76-12b01. 5. The 2016 legislature amended K.”
— K.S.A. § 76-12b01(a) — 1 case
State v. Thurber, 420 P.3d 389 (Kan. 2018). “21-4623(e) (" '[M]entally retarded' means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01... to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform one's conduct to the…”
— K.S.A. § 76-12b01(d) — 2 cases
State v. Maestas, 316 P.3d 724 (Kan. 2014). “21-4634(f) defines “mental retardation” to mean “having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01 and amendments thereto, to an extent which substantially impairs one’s capacity to appreciate the criminality of one’s conduct or to…”
State v. Thurber, 420 P.3d 389 (Kan. 2018). “21-4623(e) (" '[M]entally retarded' means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01... to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform one's conduct to the…”
— K.S.A. § 76-12b01(i) — 4 cases
State v. Thurber, 420 P.3d 389 (Kan. 2018). “21-4623(e) (" '[M]entally retarded' means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01... to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform one's conduct to the…”
State v. Maestas, 316 P.3d 724 (Kan. 2014). “21-4634(f) defines “mental retardation” to mean “having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01 and amendments thereto, to an extent which substantially impairs one’s capacity to appreciate the criminality of one’s conduct or to…”
State v. Corbin, 461 P.3d 38 (Kan. 2020). “Intellectual disability is defined as "having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01, and amendments thereto, to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform…”
State v. Corbin (Kan. 2016). “21-6622 and the 2016 amendments to K.S.A. 76-12b01. 5. The 2016 legislature amended K.”
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