Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
72.025(5),
196.030,
196.070,
196.180,
431.213
- 431.270, 532.130 - 532.140
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
196.035 and
197.020
authorize the Justice and Public Safety Cabinet and Department of Corrections to
promulgate administrative regulations necessary and suitable for the proper
administration of the cabinet or any of its divisions.
KRS
431.220 establishes requirements for the execution
of the death penalty. This administrative regulation establishes preliminary and
post execution procedures concerning the condemned person.
Section 1. Initial Steps After Receipt of
Execution Order.
(1) After the warden receives the
execution order, the warden shall:
(a) Read the
execution order to the condemned person; and
(b) If the condemned person received his death
sentence prior to March 31, 1998, ask the condemned person to designate in writing
his choice of the method of execution pursuant to
KRS
431.220(1).
(2) For any designation required to be made in
writing in this administrative regulation, if the condemned person cannot see, read,
or write sufficiently to complete his designation, then a staff person at the
penitentiary shall:
(a) Ask the condemned person
to state his designation;
(b) Write the
designation stated by the condemned person;
(c) Read the designation as written to the
condemned person; and
(d) Ask the
condemned person to sign or make his mark on the document.
(3) If the condemned person requests information
about the handling of the body after execution, the warden shall inform him of the
requirements of
KRS
72.025(5) for a post-mortem
examination of the body and that the body is transferred to the Office of the State
Medical Examiner for the post-mortem examination before being returned to the
coroner.
(4) The time for the execution
set by the warden pursuant to
KRS
431.240(1) shall be prevailing
local time for the Kentucky State Penitentiary.
Section 2. Condemned Person's Designation of
Witnesses.
(1) The warden shall ask the condemned
person to designate in writing his clergy witness and the three (3) other
individuals who may witness the execution pursuant to
KRS
431.250.
(2) The condemned person shall comply with
subsection (1) of this section at least ten (10) days before the date scheduled for
the execution. If the timing of the receipt of the execution order does not allow
for ten (10) days, then the condemned person shall comply immediately when the
warden reads the execution order.
(3)
The warden may allow the condemned person additional time to comply with subsection
(1) of this section or to change a previous designation, if a request is made by the
condemned person.
Section 3.
Condemned Person's Designation Concerning Property, Funeral, and Disposition of
Body.
(1) The warden shall ask the condemned
person to designate in writing the person who may:
(a) Collect the condemned person's personal
property after his death;
(b) Take
charge of the condemned person's body; and
(c) Make necessary funeral arrangements.
(2) The condemned person shall comply
with subsection (1) of this section at least ten (10) days before the date scheduled
for the execution. If the timing of the receipt of the execution order does not
allow for ten (10) days, then the condemned person shall comply at least forty-eight
(48) hours prior to the time scheduled for the execution.
(3) The warden may allow the condemned person
additional time to comply with subsection (1) of this section or to change a
previous designation, if a request is made by the condemned person.
Section 4. Visitation Designation.
(1) After an execution order has been issued, the
warden shall ask the condemned person to designate in writing his minister of
record.
(2) The condemned person shall
comply with subsection (1) of this section at least ten (10) days before the date
scheduled for the execution. If the timing of the receipt of the execution order
does not allow for ten (10) days, then the condemned person shall comply immediately
when the warden reads the execution order.
(3) The warden may allow the condemned person
additional time to comply with subsection (1) of this section or to change a
previous designation, if a request is made by the condemned person.
Section 5. Limitations on Condemned
Person's Clothing, State-issued Items, and Personal Property.
(1) Notwithstanding
501 KAR
6:020, CPP 17.1, CPP 14.2,
501 KAR
6:040, KSP 17-01-01, 17-01-03 and 17-01-04, the warden may
limit the condemned person's clothing, state-issued items, and personal property to
the following:
(a) One (1) mattress;
(b) Two (2) sheets;
(c) One (1) pillow;
(d) One (1) pillow case;
(e) One (1) pair of scrub-type pants;
(f) One (1) scrub-type shirt;
(g) One (1) pair of underwear;
(h) One (1) pair of socks;
(i) One (1) toothbrush;
(j) One (1) tube of toothpaste;
(k) One (1) bar of soap;
(l) One (1) bath towel; and
(m) One (1) wash cloth.
(2) If the warden limits clothing and linen in the
manner described in subsection (1) of this section:
(a)
1. Clothing
shall be exchanged for clean every other day; and
2. Linen shall be exchanged weekly; or
(b) Clothing and linen shall be
exchanged on the same schedule used in other restricted housing units if the warden
determines that better suits the needs of the penitentiary.
Section 6. Limitations on
Condemned Person's Clothing, State-issued Items, and Personal Property for Females.
(1) Notwithstanding
501 KAR
6:020, CPP 17.1, CPP 14.2,
501 KAR
6:040, KSP 17-01-01, 17-01-03 and 17-01-04, the warden may
limit the condemned person's clothing, state-issued items, and personal property for
a female to the items in Section 5 of this administrative regulation and the
following:
(a) One (1) bra;
(b) Sanitary napkins; and
(c) Tampons.
(2) The bra shall be white and if it contains
stays or underwire, they shall be plastic.
(3) If the warden limits clothing in the manner
described in Section 5(1) of this administrative regulation, the bra shall be
exchanged for clean at least:
(a) Every other day;
or
(b) On the same schedule for clothing
exchange used in other restricted housing units if the warden determines that better
suits the needs of the penitentiary.
(4) The supply of sanitary napkins and tampons
shall be in a sufficient quantity to allow the individual to maintain an acceptable
level of personal hygiene.
Section
7. Transfer of Female Condemned Person. If the condemned person is
female, she shall be transferred to the penitentiary for execution. The date of the
transfer shall be determined by the warden.
Section
8. Securing Condemned Person's Personal Property Prior to Execution.
(1) The warden shall inventory and secure any
personal property of the condemned person prior to the execution.
(2) The warden shall set the time for the removal
of all personal property.
Section
9. Post-execution Steps.
(1) The
return on the judgment shall be made in accordance with
KRS
431.260 within seven (7) days of the
execution.
(2) If the condemned person
does not make other arrangements, the department shall make arrangements for the
delivery or burial of the body pursuant to
KRS
431.270.
(3) Within three (3) days of the execution, the
penitentiary shall call the person designated by the condemned person to pick up his
personal property. If the person cannot be reached by phone, notice may be mailed to
the person.
STATUTORY AUTHORITY:
KRS
196.035,
197.020,
431.218,
431.220,
431.224,
431.240,
431.250,
431.260,
431.270,
532.130,
532.135,
532.140
