Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
196.030,
196.070,
196.180,
431.213-431.270
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 the qualifications
for the execution team.
Section 1.
Selection of Execution Team.
(1) The warden of the
Kentucky State Penitentiary shall be a member of the execution team by virtue of his
official position.
(2) The warden shall
designate a deputy Warden to be a member of the execution team.
(3) All other members of the execution team shall
not be required to serve as members of the execution team without their
consent.
(4) An execution team member
shall read and understand the execution procedures. A review of the execution
procedures shall be conducted by the warden annually.
Section 2. IV Team Qualifications.
(1) At least two (2) members of the execution team
shall be designated as the IV team for an execution by lethal injection. An IV team
shall not be part of the execution team for an execution by electrocution.
(2) A member of the IV team shall be a:
(a) Phlebotomist;
(b) Emergency Medical Technician;
(c) Paramedic; or
(d) Military Corpsman.
(3) A member of the IV team shall:
(a) Have at least one (1) year of professional
experience in his specialty or profession;
(b) Remain certified in his specialty or
profession; and
(c) Fulfill all
continuing education requirements in his specialty or profession.
(4) Prior to participating in an
execution, a member of the IV team shall have participated in at least two (2)
execution practices receiving step-by-step instructions from an existing IV team
member.
(5) The warden shall review
annually the training and current certification, as appropriate, of each IV team
member to ensure compliance with the required qualifications and training.
Section 3. Execution Practice.
(1) Each practice shall include a complete walk
through of an execution.
(2) For
execution by lethal injection:
(a) The execution
team shall practice the lethal injection execution process at least ten (10) times
during the course of one (1) calendar year; and
(b) Each practice shall include the siting of two
(2) IVs into a person who serves voluntarily.
(3) For execution by electrocution:
(a) The execution team shall practice the
electrocution process at least two (2) times during the course of one (1) calendar
year; and
(b) During each practice of
execution by electrocution, the execution team shall:
1. Visually inspect the:
a. Headgear and electrode;
b. Strap and electrode for the leg;
c. Leather straps on the chair; and
d. Cables to the electrocution equipment;
and
2. Use a testing device
placed in the chair and connected to the cables of the electrocution equipment to
simulate an electrocution.
(4) The warden shall maintain a record of all
execution team training documenting the:
(a) Date
of practice;
(b) Type of execution
practiced; and
(c) Names of the
participants.
STATUTORY AUTHORITY:
KRS
196.035,
197.020,
431.218,
431.220,
431.224,
431.240,
431.250,
431.260,
431.270
