Section 23A-27A-26.2 – Intellectual disability defined.
23A-27A-26.2. Intellectual disability defined. As used in §§23A-27A-26.1 to 23A-27A-26.7, inclusive, intellectual disability means significant subaverage general intellectual functioning existing concurrently with substantial related deficits in applicable adaptive skill areas. An intelligence quotient exceeding seventy on a reliable standardized measure of intelligence is presumptive evidence that the defendant does not have significant subaverage general intellectual […]
Section 23A-27A-26.3 – Procedures for determining intellectual disability of defendant.
23A-27A-26.3. Procedures for determining intellectual disability of defendant. Not later than ninety days before the commencement of trial, the defendant may upon a motion alleging reasonable cause to believe the defendant was intellectually disabled at the time of the commission of the offense, apply for an order directing that an intellectual disability hearing be conducted […]
Section 23A-27A-26.4 – Appeal by state.
23A-27A-26.4. Appeal by state. If the court enters an order pursuant to §23A-27A-26.3 finding that the defendant was intellectually disabled at the time of the commission of the offense, the state may appeal as of right from the order. Upon entering such an order, the court shall afford the state a reasonable period of time, […]
Section 23A-27A-26.5 – Examination of defendant by expert designated by state–Videotaped recording–Defendant’s statements inadmissible except as to issue of intellectual disability.
23A-27A-26.5. Examination of defendant by expert designated by state–Videotaped recording–Defendant’s statements inadmissible except as to issue of intellectual disability. If a defendant serves notice pursuant to §23A-27A-26.3, the state may make application, upon notice to the defendant, for an order directing that the defendant submit to an examination by a psychiatrist, licensed psychologist, or licensed […]
Section 23A-27A-26.6 – Applicability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.
23A-27A-26.6. Applicability of §§23A-27A-26.1 to 23A-27A-26.7, inclusive. The provisions of §§23A-27A-26.1 to 23A-27A-26.7, inclusive, apply only to offenses alleged to have been committed by the defendant after July 1, 2000. Source: SL 2000, ch 112, §6.
Section 23A-27A-26.7 – Inseparability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive.
23A-27A-26.7. Inseparability of §§23A-27A-26.1 to 23A-27A-26.7, inclusive. The provisions of §§23A-27A-26.1 to 23A-27A-26.7, inclusive, are essentially and inseparably connected and interdependent. Source: SL 2000, ch 112, §7.
Section 23A-27A-27 – Pregnancy of defendant–Examination–Report.
23A-27A-27. Pregnancy of defendant–Examination–Report. If there is reasonable ground to believe that a female defendant sentenced to death is pregnant, the warden having her in custody shall arrange for an examination of the defendant to determine her condition. Upon the completion of the examination, the warden shall make a report in writing over the warden’s […]
Section 23A-27A-28 – Suspension of sentence if defendant pregnant.
23A-27A-28. Suspension of sentence if defendant pregnant. If the examination under §23A-27A-27 finds that the defendant is pregnant the execution of the sentence shall be suspended by the sentencing court. The defendant may not be executed until a new warrant of death sentence and execution is received from the sentencing court so directing. Source: SL […]
Section 23A-27A-22.5 – Counsel for defendant–Rights afforded at hearing.
23A-27A-22.5. Counsel for defendant–Rights afforded at hearing. At any hearing ordered pursuant to §23A-27A-22.1, the defendant shall be represented by counsel and, if financially unable to obtain adequate representation, counsel shall be appointed for the defendant. The defendant shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on the defendant’s behalf, […]
Section 23A-27A-16 – Delivery of defendant with warrant to penitentiary.
23A-27A-16. Delivery of defendant with warrant to penitentiary. Within ten days after the issuing of a warrant of death sentence and execution under §23A-27A-15, the sheriff shall deliver the defendant together with certified copies of the warrant of death sentence and execution and the judgment of conviction to the penitentiary. Source: SL 1939, ch 135, […]