- (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.