Date Signed:  8/8/2006

Distribution:  Public

Replaces Policy:  N/A

This policy supercedes the N/A version.

Affected Units:  Adult Institutions

Effective Date:  Upon Signature

Scheduled Revision Date:  July 2007

Revision Number:  1

Office of Primary Responsibility:  DOC Administration

Policy:  

The execution of an inmate will be carried out in accordance with SDCL Chapter 23A-27A, in a

professional, humane and dignified manner.

Definitions:

Lethal Injection:

A means of executing an inmate through the use of a lethal quantity of ultra-short-acting barbiturate

and a chemical paralytic agent (See SDCL § 23A-27A-32).

Witnesses:

People authorized to attend an execution as authorized by SDCL § 23A-27A-34 through 23A-27A-36.

Procedure:

General Provisions:

A.   Inmate executions are carried out by means of lethal injection (See SDCL § 23A-27A-32).

B.   At no time will any medical professionals employed at the South Dakota State Penitentiary (SDSP) participate in the execution process (See DOH policy P-I-08 Executions).

C.   Male inmates sentenced to death will be housed in the SDSP or the Jameson Prison Annex, and female inmates sentenced to death will be housed at the South Dakota Women’s Prison (See DOC policy 1.3.D.2 Capital Punishment Housing).

1.       Inmates sentenced to death are housed in solitary confinement. 

2.       Physical access to an inmate sentenced to death is limited to family, attorney(s), clergy, DOC staff, other state or contractual staff stationed at the respective prison, people authorized by the respective Warden or any other person authorized to access to the inmate through a court order (See SDCL § 23A-27A-16).

D.   The identities of execution team members are strictly confidential.

E.      The Governor may investigate the circumstances of the case of the inmate sentenced to death in a manner he deems appropriate and may require the assistance of the Attorney General (See SDCL § 23A-27A-19).  The Governor has the power to reprieve or suspend the execution for up to ninety (90) days to complete his investigation (See SDCL § 23A-27A-20).

F.      If there is a question on an inmate’s mental competence to proceed with the execution, the Warden of the state penitentiary will notify the Governor and a commission may be appointed to examine the inmate (See SDCL § 23A-27A-22 and 23A-27A-23). 

1.       An incompetent person may not be executed (See SDCL § 23A-27A-24).

2.       A person who was mentally retarded at the time of the commission of the offense and whose condition was obvious and documented before the age of eighteen (18) may not be executed (See SDCL § 23A-27A-26.1 through 23A-27A-26.7).

G.     A pregnant women may not be executed (SDCL § 23A-27A-27 through 23A-27-30).

H.      A person who committed an act punishable by death while under eighteen (18) years of age may not be executed (See SDCL § 23A-27A-42).

Warrant of Execution:

A.      The sentencing judge (or his/her successor) will have a signed and certified warrant of execution delivered to the Warden of the state penitentiary (See SDCL § 23A-27A-15).

B.      The warrant of execution will set the week within which the inmate is to be executed.

C.      The Warden of the state penitentiary may carry out the execution at any time within the week stated in the warrant of execution.

Time and Place of Execution:

A.      All executions will take place at SDSP and under the direction of the Warden of the state pententiary (See SDCL §23A-27A-32).

B.      The day and hour set by the Warden of the state penitentiary for the execution will be kept secret and only divulged to the witnesses invited or requested to be present at the execution (See SDCL § 23A-27A-37). 

C.      Invited/requested witnesses will not divulge the day and hour set for the execution prior to the Warden’s public announcement.

D.     The Warden of the state penitentiary will publicly announce the day and hour of the execution not less than forty-eight (48) hours in advance (See SDCL § 23A-27A-17).

Selection of Witnesses:

A.   No person under the age of eighteen (18) will be allowed to witness the execution.

B.      DOC staff, peace officers authorized by the Warden of the state penitentiary, and witnesses authorized by SDCL § 23A-27A-34 and 23A-27A-35 are allowed to attend the execution.

1.   The following witnesses are required to be invited to witness the execution by state law (See SDCL § 23A-27A-34):

a.   The Attorney General of South Dakota.

b.   The trial judge before whom the conviction occurred or his/her successor in office.

c.   The State’s Attorney of the county where the crime was committed.

d.   The Sheriff of the county where the crime was committed.

e.   Three (3) medical doctors (a prison physician and two (2) other licensed physicians).

2.   If requested by the inmate, a maximum of five (5) family and friends of the inmate and two (2) clergy may attend the execution.

C.   The Warden of the state penitentiary will select no more than ten (10) reputable adult citizens to witness the execution.  The composition of these witnesses is as follows:

1.   Five (5) or fewer members of the victim’s family.

2.   Two (2) members of the media (See the section on Media Relations).

3.       Three (3) reputable citizens of South Dakota.

D.   There are no specific statutory requirements for how the Warden of the state penitentiary selects which members of the victim’s family may witness the execution. 

1.   The victim’s family may suggest which family members should attend. 

2.   In the event the victim’s family cannot or will not suggest a list of family members, the Warden of the state penitentiary will make the choice in the following manner:

a.   Close relatives of a victim are given preference to witness the execution.  A “close relative” is determined in the following order of preference:

1).  Spouse.

2).  Parent(s) or stepparent(s).

3).  Adult children, including stepchildren.

4).  Brother(s) or sister(s).

5).  Other family members (grandparent(s), aunts, uncles, nieces, nephews, cousins, etc.).

b.   In the event there are multiple victims, three (3) more immediate family members may be allowed to attend the execution as witnesses.

E.   The Warden of the state penitentiary has final approval of all witnesses not specifically required by law to be invited.

F.   Any witnesses other than the Attorney General, trial judge, States Attorney, Sheriff, and the three (3) medical doctors are subject to the same background check as a regular visitor, unless exempted by the Warden.

Witness Behavior:

A.      The execution will take place inside a facility where many other inmates and staff will be present.

1.       For the safety and security of all involved, all witnesses are expected to follow the rules and procedures of SDSP and the orders of escorting staff.

2.       Failure to comply may result in denial of entry or removal of the witness from the facility.

B.   Witnesses are expected to follow the dress code for visitation.  The witnesses will be provided this specific information in advance of the execution.

C.   Witnesses are subject to search by both a stationary and hand-held metal detector, and pat searches at any time. 

1.       Witnesses may be searched more than one (1) time prior to the execution.

2.   To the extent possible, pat searches will be conducted by a staff member of the same sex as the witness.

D.   Most personal property items are not allowed inside the SDSP.

1.       For example, purses, cameras, pictures, pocketknives, beepers, cell phones, signs, recording devices, etc. are not permitted.  These items should be left in the vehicle or lockers that are available for storage of personal property in the SDSP lobby.

2.   No drugs, alcohol, tobacco products or firearms are allowed inside the SDSP.  Anyone suspected of being under the influence of drugs or alcohol will be denied entry or removed from the facility.

E.   All witnesses are cautioned to refrain from verbal outbursts or inappropriate action while inside the SDSP.

F.   No cameras or recording devices of any type are allowed in the witness area or surrounding area of the execution chamber.

Media Relations:

A.      Media requests for execution information or interviews are to be made either to the DOC Communications and Information Manager or to the respective Warden.

1.       The Warden (or designee) can discuss procedures under the control of the SDSP that affect an execution.  Examples of procedures which may be discussed:

a.       The timelines of the execution, from issuance of the Warrant of Execution to the Certificate of Execution, return of the deceased inmate’s body and the burial.

b.      The various steps that go along with the execution; i.e. sequence of events, last meal, last words, etc.

c.       Witness information (See the sections on Selection of Witnesses and Witness Behavior).

d.      A description of the regular visit procedures inside the security perimeter.

2.   Questions on the process of the Governor to investigate the circumstances of the case will be directed to the Governor’s Office or to the Attorney General’s Office.

B.   The decision to grant tours of the execution chamber is at the total discretion of the Warden.  If photographs of the execution area are requested by the media, any photos will be taken by DOC staff and approved by the Warden before being provided to the requesting media.

C.   The two (2) media witnesses who will attend the execution will be selected as follows:

1.       The first media representative will be selected from the Associated Press.

2.   The second media representative will be selected from a media outlet located in the proximity of where the crime took place.

D.   No cameras or recording devices of any type are allowed in the witness area or the surrounding area of the execution chamber.

1.   Each media witness attending the execution may have writing material in the waiting area but must leave those materials behind when moved to the witness area.

2.   Each media witness attending the execution will be given paper and a pencil once he/she arrives in the witness area.

E.   After an execution has been completed or stayed, the DOC Communication and Information Manager will announce the fact in a press briefing (time and place to be determined).

F.   Media representatives present at the execution are also required to attend the post-execution press conference to share information about the execution with other media.

Final Visit Arrangements:

A.      Reasonable accommodations for visits by immediate family will be made after the inmate has been moved to a holding cell near the execution chamber.

1.   Visits are allowed between 8:00 AM and 8:00 PM, except for the day of the execution (See item “E” in this section).

2.   All personal visits will be Class II (non-contact).

3.   Telephone calls may be substituted for personal visits.

B.      Visits will be supervised by DOC staff and must be arranged in advance through the Warden or Deputy Warden.

1.   Visitors are subject to search by both a stationary and hand-held metal detector, and pat searches at any time. 

2.   Visitors must abide by the rules and regulations of the SDSP and the DOC.

3.   Failure to abide by the rules and regulations of the SDSP and the DOC may result in termination of a current visit and denial of future visits.

C.      Visitors will be escorted and supervised at all times.

D.     The following members of the inmate’s immediate family are allowed Class II visits with the inmate: father, mother, stepfather, stepmother, brother(s), sister(s), stepbrother(s), stepsister(s), biological children and spouse.

E.      Visits with immediate family will cease at least six (6) hours prior to the scheduled time of execution.

F.      Attorney access will be accommodated as much as possible.

1.       Attorneys are subject to all the visit arrangements listed in this section.

2.       Any documents that need to be shared with the inmate will be passed to SDSP staff, inspected for contraband and if approved, the documents will be given to the inmate.

3.       Attorney(s) must leave the holding cell area at least one (1) hour before the scheduled execution time.

G.     Clergy will be allowed additional visits with the inmate until one (1) hour before the scheduled execution time.  Pursuant to SDCL § 23A-27A-35, if requested by the inmate, clergy may remain to witness the execution from an observation room as one of the inmate’s friends and family.

Post-Execution Procedures:

A.   The certificate of execution and return will be prepared and signed by the Warden and the certificate of execution will also be signed by all persons present and witnessing the execution (See SDCL § 23A-27A-40).

B.   Within ten (10) days following the execution, the certificate of execution and return will be filed with the Clerk of Courts where the offense occurred.

C.   A post-mortem examination, as required by SDCL § 23A-27A-38, will be conducted by the physicians present and their written findings will be attached to the Warden’s certificate of execution and return prior to delivery to the Clerk of Courts.

D.   The Warden will ensure the county coroner is notified of the inmate death and is permitted to investigate the death pursuant to SDCL § 23-14-18(6). 

E.   After the county coroner has completed the investigation, the body of the executed inmate (unless claimed by some relative), will be interred in a cemetary within Minnehaha County (Also see SDCL 23A-27A-39 and DOC policy 1.4.E.6 Management of Offender Deaths).

Related Directives:

SDCL chapter 23-14, chapter 23A-27A, and 24-1-27

1.3.D.2 – Capital Punishment Housing

1.4.E.6 – Management of Offender Deaths

DOH policy P-I-08 – Executions

Revision Log:

August 2006:  New policy.

Tim Reisch

August 8, 2006

Tim Reisch, Secretary of Corrections

Date