Jurisdiction	Statutory Citation Regarding Execution of Mentally Retarded Persons	Statutory Language Prohibiting Execution of Mentally Retarded Persons	Statutory Definition of Mental Retardation
Arkansas	Ark. Code Ann. s 5-4-618	No defendant with mental retardation at the time of committing capital murder shall be sentenced to death. ( enacted 1993)	AMental retardation@ means: a significantly subaverage general intellectual functioning accompanied by significant deficits or impairments in adaptive functioning manifest in the developmental period, but no later than age 18; and deficits in adaptive behavior.
Colorado	Colo. Rev. Stat. Ann. s 16-9-403; 16-9-401(2); 16-9-402	A sentence of death shall not be imposed upon any defendant who is determined to be a mentally retarded defendant pursuant to section 16-9-402. If any person who is determined to be a mentally retarded defendant is found guilty of a class 1 felony, such a defendant shall be sentenced to life imprisonment. ( enacted 1993; effective April 29, 1993)	AMentally retarded defendant@ means any defendant with significantly subaverage general intellectual functioning existing concurrently with substantial deficits in adaptive behavior and manifested and documented during the developmental period. The requirement for documentation may be excused by the court upon a finding that extraordinary circumstances exist.
Georgia	GA. Code Ann. s 17-7-131	In the trial of any case in which the death penalty is sought which commences on or after July 1, 1988, should the judge find in accepting a plea of guilty but mentally retarded or the jury or court find in its verdict that the defendant is guilty of the crime charged but mentally retarded, the death penalty shall not be imposed and the court shall sentence the defendant to imprisonment for life. (eff. July 1, 1988)	AMentally retarded@ means having significantly subaverage general intellectual functioning resulting in or associated with impairments in adaptive behavior which is manifested during the developmental period.
Indiana	Ind. Code Ann. s 35-36-9-6; 35-36-9-2 to 35-36-9-5	If the court determines that the defendant is a mentally retarded individual under section 5 [IC 35-36-9-5] of this chapter, the part of the state=s charging instrument filed under IC 35-50-2-9 (a) that seeks a death sentence against the defendant shall be dismissed. (enacted 1994)	AMentally retarded individual@ means an individual who, before becoming 22 years of age, manifests: significantly subaverage intellectual functioning and substantial impairment of adaptive behavior, that is documented in a court ordered evaluative report.
Kansas	Kan. Crim. Code Ann. s 21-4623	If, at the conclusion of a hearing pursuant to this section, the court determines that the defendant is mentally retarded, the court shall sentence the defendant as otherwise provided by law, and no sentence of death shall be imposed hereunder. (amended 1996)	AMentally retarded@ means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b(1) and amendments thereto, to an extent which substantially impairs one=s capacity to appreciate the criminality of one=s conduct or to conform one=s conduct to the requirements of the law.
Kentucky	KY. Rev. Stat. Ann. s 532.140; 532.130; 532.135	KRS 532.010, 532.025, and 532.030 to the contrary notwithstanding, no offender who has been determined to be a seriously mentally retarded offender under the provisions of KRS 532.135, shall be subject to execution. The same procedure as required in KRS 532.025 and 532.030 shall be utilized in determining the sentence of the seriously mentally retarded offender under the provisions of KRS 532.135 and 532.140. (eff. July 13, 1990)	A defendant with significant subaverage intellectual functioning existing concurrently with substantial deficits in adaptive behavior and manifested during the developmental period is referred to in KRS 532.135 and 532.140 as a seriously mentally retarded defendant. ASignificantly subaverage general intellectual functioning@ is defined as an intelligence quotient (IQ) of 70 or below.
Maryland	MD. Code Ann. Art.27, s 412	If a person found guilty of murder in the first degree was, at the time the murder was committed, less than 18 years old or if the person establishes by a preponderance of the evidence that the person was, at the time the murder was committed, mentally retarded, the person shall be sentenced to imprisonment for life or imprisonment for life without the possibility of parole and may not be sentenced to death. (enacted 1989; last amended 1996)	AMentally retarded@ means the individual has significantly subaverage intellectual functioning as evidenced by an intelligence quotient of 70 or below on an individually administered intelligence quotient test and impairment in adaptive behavior, and the mental retardation is manifested before the individual attains the age of 22.
New Mexico	N.M. Stat. Ann. s 31-20A-2.1	The penalty of death shall not be imposed on any person who is mentally retarded. ( enacted 1991)	AMentally retarded@ means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior. An intelligence quotient of 70 or below on a reliably administered intelligence quotient test shall be presumptive evidence of mental retardation.
New York	N.Y. Penal Law s 400.27	The court shall render a finding with respect to whether the defendant is mentally retarded. If the court finds the defendant is mentally retarded, the court shall sentence the defendant either to life imprisonment without parole or to a term of imprisonment for the class A-I felony of murder in the first degree other than a sentence of life imprisonment without parole. (enacted 1995)	AMental retardation@ means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which were manifested before the age of 18.
Tennessee	TN Code Ann. s 39-13-203	Notwithstanding any provision of law to the contrary, no defendant with mental retardation at the time of committing first degree murder shall be sentenced to death. (amended 1993)	Mental retardation means: significantly subaverage general intellectual functioning as evidenced by a functional intelligence quotient (IQ) of 70 or below; deficits in adaptive behavior; the mental retardation must have been manifested during the developmental period, or by 18 years of age.
Washington	Wash. Rev. Code Ann. s 10.95.030(2)	In no case, however, shall a person be sentenced to death if the person was mentally retarded at the time the crime was committed, under the definition of mental retardation as set forth in (a) of this subsection. (amended 1993)	AMentally retarded@ means the individual has: (i) significantly subaverage general intellectual functioning; (ii) existing concurrently with deficits in adaptive behavior; and (iii) both significantly subaverage general intellectual functioning and deficits in adaptive behavior were manifested during the developmental period.
Federal Government	18 U.S.C.A. s 3596	...(c) Mental capacity. -- A sentence of death shall not be carried out upon a person who is mentally retarded.	AMentally retarded@ means that a person who, as result mental disability, lacks the mental capacity to understand the death penalty and why it was imposed on that person.