§ 21–1115. Inquiry under this chapter if person convicted of offense.

(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 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.)

Prior Codifications

1981 Ed., § 21-1115.

1973 Ed., § 21-1115.

Effect of Amendments

The 2012 amendment by D.C. Law 19-169, in (a), substituted “person has at least a moderate intellectual disability” for “person is at least moderately mentally retarded” and “Citizens with Intellectual Disabilities” for “Mentally Retarded Citizens”; and substituted “have at least a moderate intellectual disability” for “be at least moderately mentally retarded” in (c).

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.

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.