501 KAR 16:340. Electrocution protocol.
RELATES TO: KRS 196.030, 196.070,
196.180, 431.213-431.270
STATUTORY AUTHORITY: KRS 196.035,
197.020, 431.218, 431.220, 431.224, 431.240, 431.250, 431.260, 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 protocol for execution by
electrocution.
Section 1. Preliminary Steps. (1) The
penitentiary shall have a minimum of two (2) phone lines available for
communication with the courts and counsel on the day of execution. The warden
shall determine if necessary phone lines are operational prior to the execution.
(2) The electrocution equipment shall be
designed to deliver approximately five (5) to ten (10) amps depending upon the
condemned person’s physique at the designed voltage.
(3) The electrocution equipment shall be
checked and tested in accordance with 501 KAR 16:320, Section 3(3), within
forty-eight (48) hours of the time scheduled for an execution by electrocution.
(4) A sodium chloride solution shall be
made by a member of the execution team within five (5) hours prior to the time
scheduled for an execution by electrocution by the following:
(a) Approximately five (5) gallons of
water at room temperature shall be placed in a container; and
(b) Up to 128 ounces of iodized table
salt shall be slowly added to the water while continuously mixing until the
water will not visibly absorb salt. Sufficient absorption is observed when the
salt will not dissolve in the water and visibly collects at the bottom of the
container.
(5) Natural sea sponges for the head and
leg electrodes shall be prepared by soaking them in the sodium chloride solution
until they are saturated.
(6) If the penitentiary does not have
power when the execution is scheduled to commence, the generator for the
execution building shall be started.
(7) The condemned person’s head and one
(1) leg shall be shaved on the day of execution.
(8) The warden shall order the condemned person
escorted to the execution chamber and strapped in the chair.
(9) The warden shall order the viewing
curtain opened.
(10) The warden shall announce the
execution to the witnesses.
(11) The warden shall ask the condemned
person if he wants to make a final statement. If a statement is made by the condemned
person, it shall be limited to two (2) minutes. The witnesses shall be allowed
to hear the condemned person’s statement.
(12) The warden shall announce the final
preparations for the execution to the witnesses.
(13) The viewing curtain shall be closed.
(14) The execution team members shall:
(a) Attach the chin strap to the
condemned person;
(b) Attach the head gear to the condemned
person;
(c) Attach the leg band to the condemned
person;
(d) Adjust the back board;
(e) Attach the cables from the electrocution
equipment to the head and leg electrodes with the nuts sufficiently tightened
to ensure a firm connection;
(f) Wipe any salt water released from the
sponges from condemned person’s head and leg; and
(g) Secure the condemned person’s leather
face covering.
(15) The warden shall make a visual check
of connections and straps.
(16) The execution team shall exit the execution
chamber.
(17) The viewing curtain shall be opened.
(18) The warden shall:
(a) Announce the execution of the
condemned person to the witnesses; and
(b) Pull the face covering over the
condemned person’s face.
(19) All persons except the condemned person
shall exit the execution chamber.
(20) Counsel assigned by the cabinet and
counsel assigned by the Attorney General shall be asked whether any stays,
orders, pardons, or commutations of sentence have been received.
Section 2. Execution. (1) The warden
shall order the execution to proceed.
(2) The execution equipment shall be
activated for a two (2) minute cycle. The cycle shall consist of:
(a) Approximately 2,400 volts for a
period of fifteen (15) seconds; and
(b) Approximately 240 volts for the
remainder of the two (2) minute cycle.
(3) If the warden sees evidence of a
malfunction, he shall press the stop button on the electrocution equipment to
end the cycle.
(4) At the end of the two (2) minute cycle:
(a) The viewing curtain shall be closed;
and
(b) The warden shall observe the
condemned person for signs of life for five minutes, which at a minimum shall
include pulse and respiration.
(5) If the warden observes signs of life during
the five (5) minute observation period:
(a) The viewing curtain shall be opened;
and
(b) The warden shall order the execution
cycle stated in subsection (2) of this section be repeated.
(6) If the warden observes signs of life
again, the execution shall
be stopped. The commissioner shall contact the Governor’s Office and request
that the execution be suspended.
(7) If the warden does not observe signs
of life:
(a) The coroner shall check the condemned
person to declare death, which at a minimum, shall include pulse and pupils;
and
(b) The physician shall certify the cause
of death.
Section 3. Post Execution Steps. (1) The
warden shall announce the completion of the execution to the witnesses. The viewing
curtain shall be open during the warden’s announcement.
(2) The witnesses shall be escorted out
of the witness room.
Section 4. Stabilization Procedure. (1) Before
an execution commences:
(a) The warden shall arrange for an
ambulance and staff to be present on penitentiary property during the
execution; and
(b) A medical crash cart and
defibrillator shall be located in the execution building.
(2) If at any time during the execution process the Governor grants a
pardon or commutes the sentence of the condemned person or if a court of
competent jurisdiction issues a stay after an execution has commenced:
(a) The execution team shall stop the
execution; and
(b) The medical staff on site shall
attempt to stabilize the condemned person with the equipment and personnel
listed in subsection (1) of this section.
Section 5. Volunteer. (1) If a condemned
person, who is a volunteer, tells department staff that he does not wish to continue
with the execution process, the staff shall tell the warden.
(2) If the execution is in process:
(a) The execution team shall stop the
execution; and
(b) The medical staff on site shall
attempt to stabilize the condemned person with the equipment and personnel listed
in Section 4(1) of this administrative regulation.
(3) The warden shall allow the condemned
person to contact his attorney.
(4) The warden shall notify the
commissioner.
(5) The commissioner shall contact the
Governor’s Office and request that the execution be suspended. (36 Ky.R. 1569;
Am. 2099-M; 2044-A; eff. 5-7-2010.)
