501 Ky. Admin. Regs. 16:290

Current through Register Vol. 51, No. 5, November 1, 2024

Section 501 KAR 16:290 - Preliminary and post execution procedures concerning condemned person

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.

(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.

(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.

501 KAR 16:290

36 Ky.R. 1558; 2087-M; 2038-A; eff. 5-7-2010; 39 Ky.R. 603; eff. 2-1-2013; 44 Ky.R. 1884, 2337, 2494; eff. 7-6-2018.

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