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Current through October 23, 2012
(a) On the conviction by a court of record of competent jurisdiction of a person of an offense, or of a violation of an ordinance which is in whole or in part a violation of a statute of the District of Columbia, the court when satisfied on the testimony of a physician or a psychologist or other evidence that the person has at least a moderate intellectual disability as defined in the Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act (D.C. Official Code, § 7-1301.01 et seq.), may suspend sentence, or suspend the entering of an order sending the person to a jail, prison, or reformatory, or to a training or industrial school, and direct that a parent or guardian appointed by the court file a petition under that act.
(b) When the court directs a petition to be filed pursuant to subsection (a) of this section, it may order that, pending the preparation, filing and hearing of the petition, the person be detained in a place of safety, or be placed under the guardianship of a suitable person, if that person enters into a recognizance for his appearance.
(c) Where, upon the hearing of a petition filed pursuant to this section or pursuant to a subsequent hearing under this chapter, the person is found not to have at least a moderate intellectual disability, the court shall impose sentence.
(Sept. 14, 1965, 79 Stat. 771, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 568, Pub. L. 91-358, title I, § 150(g)(1)(A); Oct. 22, 1970, 84 Stat. 1087, Pub. L. 91-490, § 2(a)(1); Mar. 3, 1979, D.C. Law 2-137, § 604(a)(3), (4), 25 DCR 5094; Mar. 24, 1998, D.C. Law 12-81, § 14(o), 45 DCR 745; Sept. 26, 2012, D.C. Law 19-169, § 21(e)(9), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-1115.
1973 Ed., § 21-1115.
Effect of Amendments
D.C. Law 19-169, in subsec. (a), substituted "person has at least a moderate intellectual disability" for "person is found not to be at least moderately mentally retarded" and "Citizens with Intellectual Disabilities" for "Mentally Retarded Citizens"; and, in subsec. (c), substituted "person is found not to have at least a moderate intellectual disability" for "person is found not to be at least moderately mentally retarded".
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 21-1101.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 21-1111.
For history of Law 19-169, see notes under § 21-501.
References in Text
The Mentally Retarded Citizens Constitutional Rights and Dignity Act, referred to in subsection (a) of this section, is codified in § 7-1301.01 et seq. in the 2001 Edition of the D.C. Official Code.
