Idaho Admin. Code r. 06.01.01.135

Current through September 2, 2024

Section 06.01.01.135 - EXECUTIONS

01.Personnel Assigned to Execution. Idaho Maximum Security Institution (IMSI) personnel and the Department's administrative team will carry out the execution warrant. The IMSI facility head (or designee) shall be the official executioner.

02.Method of Execution. Execution of the sentence of death shall be by lethal injection.

03.News Media Coordination. Department personnel will coordinate news media activity and provide logistics and communications support. A news media center shall be established. The pre-execution briefing will be delivered in the news media center. The post-execution briefing will occur in the news media center. News media witnesses will be chosen pursuant to Department procedure. The director or designee will designate a public information officer to respond to execution-related news media requests and releases of information.

04.Parking and Demonstration Areas Provided. Areas for public and news media parking will be provided and maintained in a secure manner. Areas for public gathering and demonstration of support or opposition to the death penalty will be provided and maintained in a secure manner.

05.Disclosure.

a. Disclosure. The director shall determine and prepare written procedures, to be reviewed by the Board, to be used in any execution. At a minimum the procedures must address the substance or substances approved to be used, the process to test the composition of the substance or substances to be used, protocols and procedures related to the preparation and administration of the substance or substances to be used, staff, contractor and volunteer training, and qualifications of contractors or volunteers providing medical services. Except as provided by section 74-105(4), Idaho Code, and herein, these procedures shall be made available to the public upon request.

b. Non-Disclosure. The Department will not disclose under any circumstance information wherein the director determines disclosure of such information could jeopardize the Department's ability to carry out an execution, including, but not limited to the following:

i. The identity of the on-site physician;

ii. The identity of staff, contractors, consultants, or volunteers serving on escort or medical teams;

iii. Information that identifies or could lead to the identification of any pharmacy, prescriber, manufacturer, compounder, or other entity that supplies or has supplied any chemicals or substances to the Department of Correction or any entity that provides or has provided medical supplies or services to the Department of Correction.

06.Persons Allowed in the Execution Unit. The director (or designee) shall have the discretion to determine the number of persons allowed in the execution unit at any time. In exercising this discretion, the director (or designee) shall consider the safe, secure, and orderly operation of the Idaho Maximum Security Institution (IMSI); the interests of the victim's family; and whether multiple death warrants are being executed concurrently. The configuration of the execution unit and the occupants of each room will be in accordance with Department standard operating procedure.

a. In most instances, the following persons should be allowed in the execution unit:

i. Administrative Team;

ii. Escort Team members;

iii. Medical Team members;

iv. On-site physician;

v. Director of the IDOC;

vi. Idaho Board of Correction representative;

vii. Chief of the Division of Prisons or designee;

viii. IMSI Warden or designee;

ix. Ada County Coroner;

x. Prosecuting attorney from the county of conviction;

xi. Sheriff from the county of conviction;

xii. District judge from the county of conviction;

xiii. Idaho Governor or representative;

xiv. Idaho Attorney General or representative;

xv. Two (2) members of the victim's family;

xvi. The spiritual advisor for the condemned person;

xvii. Two (2) witnesses selected by the condemned person;

xviii. An attorney of record for the condemned person;

xix. Four (4) media representatives;

xx. IDOC liaison for victim families; and

xxi. IDOC liaison for the condemned.

b. In the event that any of the persons, to include their designee or representative, identified above, do not wish to attend the execution, the director or designee may approve another individual to attend in that person's place.

Idaho Admin. Code r. 06.01.01.135

Effective July 1, 2021