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.
