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Texas Adopts New Standard Following Inmate's Commutation

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The case concerns how does Texas defines intellectual disability.  

Harris County prosecutor Josh Reiss said previously Texas used a combination of clinical and nonclinical factors.  "For instance, they would ask things like would a member of the community think that that person was intellectually disabled.  And the Supreme Court had a problem with that."


The high court said the state needs to use the most up to date clinical definitions, which the state will do from now on. 

There are three parts to the American Psychiatric Associations' definition of being disabled.

The first is a type of IQ test. the second part is what is called Adaptive Behavior.  "Things like how did you do in school.  Did you learn to drive a car?  And the last part is, did it develop while you were in your development phase of your life? Basically, before you were 18 years old."