The law should direct the arresting officer and magistrate to initiate a background investigation of the defendant's history of mental illness and/or retardation. If evidence of such conditions is found, a county judge should be notified so that a disinterested expert in the field of mental health and retardation can be appointed to interview and examine the defendant after booking. It is essential to protect the rights of these defendants during all criminal justice proceedings. The Department of Corrections should plan a separate unit for the assignment of mentally retarded offenders, since these offenders suffer numerous problems when housed with the general prison population. In identifying mentally retarded offenders, the Department of Corrections should use the definition proposed by the American Association of Mental Deficiency and should design an assessment procedure to measure an inmate's level of adaptive behavioral functioning in prison and social functioning prior to incarceration. Other needs are a comprehensive training program to permit mentally retarded offenders to have a successful transition into society and the development of regional halfway houses and other institutions to help these offenders. The executive order establishing the Texas Governor's Task Force on Intellectually Handicapped Citizens and the Criminal Justice System is included.