Section 15-24-1
Section 15-24-1
Short title.
This chapter shall be known as the "Retarded Defendant Act."
(Acts 1985, No. 85-652, p. 1020, §1.)Section 15-24-2
Section 15-24-2
Definitions.
For the purpose of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) COURT. The court having jurisdiction over the offense charged.
(2) DEFENDANT. Any person accused of a criminal offense against state laws.
(3) MENTALLY RETARDED PERSON. A person with significant subaverage general intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period, as measured by appropriate standardized testing instruments.
(Acts 1985, No. 85-652, p. 1020, §2.)Section 15-24-3
Section 15-24-3
Filing of affidavit that defendant is mentally retarded.
Following the arrest and detention of any person for an offense against the laws of this state, either the defendant or the state may, by verified affidavit filed with the court having jurisdiction, establish that the defendant is a person who has been identified as mentally retarded and has received or is presently receiving services through the Department of Mental Health and Mental Retardation, a program certified by the Department of Mental Health and Mental Retardation, or the Department of Education.
(Acts 1985, No. 85-652, p. 1020, §3.)Section 15-24-4
Section 15-24-4
Affidavit furnished to judge, prosecutor, and defendant's attorney; use of affidavit.
The verified affidavit shall be furnished to the trial judge, prosecutor, and defendant's attorney. Said affidavit may be used in connection with the decisions relative to bail hearings, determination of place of detention, and ultimate disposition of such case.
(Acts 1985, No. 85-652, p. 1020, §4.)Section 15-24-5
Section 15-24-5
Proceedings upon finding defendant to be mentally retarded.
If the defendant is determined by the court to be mentally retarded, the judge may:
(1) Consider the information submitted in determining the need for pretrial release along with appropriate conditions, or
(2) Order that the defendant, if he is not released, be accorded placement consistent with his special status so as to better protect him during this period of pretrial confinement.
(Acts 1985, No. 85-652, p. 1020, §5.)Section 15-24-6
Section 15-24-6
Affidavit part of court record; use of affidavit.
The verified affidavit shall become a part of the court record and shall be available for proper use in bail hearings, determination of place of detention, and ultimate disposition of such case.
(Acts 1985, No. 85-652, p. 1020, §6.)Section 15-24-7
Section 15-24-7
Information gained under chapter inadmissible on issue of guilt.
No information gained as a result of the provisions of this chapter shall be admissible in evidence either for or against the defendant on the issue of guilt in any criminal proceeding.
(Acts 1985, No. 85-652, p. 1020, §7.)
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