Sec. 5. Not later than ten (10) days before the initial trial date, the court shall determine whether the defendant is an individual with an intellectual disability 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; P.L.117-2015, SEC.51.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 36. Pretrial Notices, Motions, and Procedures
Chapter 9. Pretrial Determination of Intellectual Disability in Death Sentence Cases
35-36-9-2. Individual With an Intellectual Disability
35-36-9-3. Petition Alleging an Intellectual Disability
35-36-9-4. Hearing on Petition
35-36-9-5. Determination Within Ten Days of Trial