Indiana Code 35-36-9-5. Determination within ten days of trial
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Terms Used In Indiana Code 35-36-9-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- individual with an intellectual disability: means an individual who, before becoming twenty-two (22) years of age, manifests:
Indiana Code 35-36-9-2
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.