States That Have Changed Their Statutes to Comply With the Supreme Court's Decision in Atkins v. Virginia

 
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CALIFORNIA STATUTE QUALIFIED EXAMINER DETERMINED?
Penal Code 1376 None stated.  Burden of proof is on the defense. In a Pre-Trial hearing by a Judge or Jury.
DEFINITION OF MENTAL RETARDATION
Significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before the age of 18.
DELAWARE STATUTE QUALIFIED EXAMINER DETERMINED?
11-4209 None stated.  Burden of proof is on the defense. Before the Trial
by a Judge
DEFINITION OF MENTAL RETARDATION
"Seriously mentally retarded" or "serious mental retardation" means that an individual has significantly subaverage intellectual functioning that exists concurrently with substantial deficits in adaptive behavior and both the significantly subaverage intellectual functioning and the deficits in adaptive behavior were manifested before the individual became 18 years of age;  "Significantly subaverage intellectual functioning" means an intelligent quotient of 70 or below obtained by assessment with 1 or more of the standardized, individually administered general intelligence tests developed for the purpose of assessing intellectual functioning; and "Adaptive behavior" means the effectiveness or degree to which the individual meets the standards of personal  independence expected of the individual's age group, sociocultural background and community setting, as evidenced by significant limitations in not less than 2 of the following adaptive skill areas: communication, self-care, home living, social skills, use of community resources, self-direction, functional academic skills, work, leisure, health or safety.
IDAHO STATUTE QUALIFIED EXAMINER DETERMINED?
19-2515A No specific qualifications specified.  Refers only to "expert witness" for either side. Before the Trial
by a Judge
DEFINITION OF MENTAL RETARDATION
"Mentally retarded" means significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two (2) of the following skill areas: communication, self-care, home living, social or interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health and safety. The onset of significant subaverage general intelligence functioning and significant limitations in adaptive functioning must occur before age eighteen (18) years.  (b)  "Significantly subaverage general intellectual functioning" means an intelligence quotient of seventy (70) or below. 
ILLINOIS (death penalty abolished) NOTEOn November 20, 2003, the Illinois legislature unanimously voted to override the July 29, 2003 Governor Blagojevich veto, entering the statutes into law.
STATUTE QUALIFIED EXAMINER DETERMINED?
725 ILCS
5/114-15
If a motion to disqualify a case as  a  capital  case based  upon the mental retardation of the defendant is filed, the issue of the  defendant's  mental  retardation  shall  be determined in a pretrial hearing. The court shall be the fact finder on the issue of the defendant's mental retardation and shall  determine  the issue by a preponderance of evidence in which the moving party has the burden of proof. The court may appoint an expert in the field  of  mental  retardation.  The defendant  and  the State may offer experts from the field of mental retardation. The court shall  determine  admissibility of evidence and qualification as an expert. Before the Trial
DEFINITION OF MENTAL RETARDATION
The mental retardation must have manifested  itself by  the  age  of  18.  An intelligence quotient (IQ) of 75 or below is presumptive evidence of mental retardation. IQ tests and psychometric tests administered to the defendant must  be the  kind  and  type  recognized  by  experts in the field of mental  retardation.  In  order  for  the  defendant  to   be considered mentally retarded, a low IQ must be accompanied by significant  deficits  in  adaptive behavior in at least 2 of the following skill areas: communication,  self-care,  social or interpersonal  skills, home  living, self-direction, academics, health and safety, use of community resources, and work.
LOUISIANA STATUTE QUALIFIED EXAMINER DETERMINED?
2003 LA Acts
698, Code of
Criminal Procedure
Article 905.5.1
When a defendant makes a claim under this article the state has the right to an independent psychological and psychiatric examination of the defendant.  Must be licensed by Louisiana state board of examiners of psychologists. Before the Trial (if the proseucutor agrees)
by the Judge,
or during
sentencing by
the Jury
DEFINITION OF MENTAL RETARDATION
A disability characterized by significant limitations in both intellectual functioning and adaptive behavior as expressed in conceptual, social, and practical adaptive skills.  Onset must have occurred before age 18.
NEVADA STATUTE QUALIFIED EXAMINER DETERMINED?
NRS 174 None stated.  Only reference to examiners is that they are to be selected by the prosecution. Before the Trial
DEFINITION OF MENTAL RETARDATION
Significant subaverage general intellectual functioning which exists concurrently with deficits in adaptive behavior and manifested during the developmental period.
UTAH STATUTE QUALIFIED EXAMINER DETERMINED?
77-15a-101 The court shall order the Department of Human Services to appoint at least two mental health experts to examine the defendant and report to the court. The experts: (i) may not be involved in the current treatment of the defendant; and  (ii) shall have expertise in mental retardation assessment. Before the Trial
DEFINITION OF MENTAL RETARDATION
Significant subaverage general intellectual functioning that results in and exists concurrently with significant deficiencies in adaptive functioning that exist primarily in the areas of reasoning or impulse control, or in both of these areas; and the subaverage general intellectual functioning and the significant deficiencies in adaptive functioning under Subsection (1) are both manifested prior to age 22. 
VIRGINIA STATUTE QUALIFIED EXAMINER DETERMINED?
§ 19.2-264.3 A psychiatrist, a clinical psychologist or an individual with a doctorate degree in clinical psychology, (b) skilled in the administration, scoring and interpretation of intelligence tests and measures of adaptive behavior and (c) qualified by experience and by specialized training, approved by the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services, to perform forensic evaluations. The defendant shall not be entitled to a mental health expert of the defendant's own choosing or to funds to employ such expert. By the Jury (or
Judge in
Non-jury trials)
during the
Sentencing
Phase
DEFINITION OF MENTAL RETARDATION
"Mentally retarded" means a disability, originating before the age of 18 years, characterized concurrently by (i) significantly subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social and practical adaptive skills. 

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