CHAPTER 6. EXECUTION OF DEATH SENTENCE
IC 35-38-6
Chapter 6. Execution of Death Sentence
IC 35-38-6-1
Execution of death sentence; specified time and date; executioner
Sec. 1. (a) The punishment of death shall be inflicted byintravenous injection of a lethal substance or substances into theconvicted person:
(1) in a quantity sufficient to cause the death of the convictedperson; and
(2) until the convicted person is dead.
(b) The death penalty shall be inflicted before the hour of sunriseon a date fixed by the sentencing court. However, the execution mustnot occur until at least one hundred (100) days after the conviction.
(c) The superintendent of the state prison, or persons designatedby the superintendent, shall designate the person who is to serve asthe executioner.
(d) The department of correction may adopt rules under IC 4-22-2necessary to implement subsection (a).
As added by P.L.311-1983, SEC.3. Amended by P.L.294-1995,SEC.1; P.L.20-2002, SEC.1.
IC 35-38-6-2
Court to issue warrant to sheriff; contents
Sec. 2. The court in which a death sentence is ordered shall issuea warrant to the sheriff within fourteen (14) days of the sentence:
(1) that is under the seal of the court;
(2) that contains notice of the conviction and the sentence;
(3) that is directed to the superintendent of the state prison; and
(4) that orders the superintendent to execute the convictedperson at a specified time and date in the state prison.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.2.
IC 35-38-6-3
Delivery of person to superintendent; receipt of delivery of person
Sec. 3. A sheriff who receives a warrant under section 2 or section7 of this chapter shall immediately:
(1) transport the person to the state prison;
(2) deliver the person and the warrant to the superintendent ofthe prison;
(3) obtain a receipt for the delivery of the person; and
(4) deliver the receipt to the clerk of the sentencing court.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.3.
IC 35-38-6-4
Confinement of convicted person; segregation of female prisoner;visits by certain persons
Sec. 4. (a) The convicted person shall be confined in the stateprison until the date of the convicted person's execution. Theconvicted person may temporarily be held in a maximum security
facility for security purposes or during renovation of the state prison.A convicted female shall be confined in a maximum securitywomen's prison until not more than thirty (30) days before the dateof her execution. A convicted female shall be segregated from maleprisoners after her transfer from the women's prison.
(b) The convicted person's:
(1) attorney;
(2) physician;
(3) relatives;
(4) friends; and
(5) spiritual advisor;
may visit the convicted person while the convicted person isconfined. The department of correction shall adopt rules, underIC 4-22-2, governing such visits.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.4.
IC 35-38-6-5
Place of execution of death sentence
Sec. 5. The execution must take place inside the walls of the stateprison in a room arranged for that purpose. The department ofcorrection shall provide the necessary room and appliances to carryout the execution as provided in this chapter.
As added by P.L.311-1983, SEC.3. Amended by P.L.294-1995,SEC.2.
IC 35-38-6-6
Persons permitted to be present at execution of death sentence;exclusion of persons for safety or security reasons; confidentialityof identity of persons assisting in execution
Sec. 6. (a) Only the following persons may be present at theexecution:
(1) The superintendent of the state prison.
(2) The person designated by the superintendent of the stateprison and any assistants who are necessary to assist in theexecution.
(3) The prison physician.
(4) One (1) other physician.
(5) The spiritual advisor of the convicted person.
(6) The prison chaplain.
(7) Not more than five (5) friends or relatives of the convictedperson who are invited by the convicted person to attend.
(8) Except as provided in subsection (b), not more than eight (8)of the following members of the victim's immediate family whoare at least eighteen (18) years of age:
(A) The victim's spouse.
(B) One (1) or more of the victim's children.
(C) One (1) or more of the victim's parents.
(D) One (1) or more of the victim's grandparents.
(E) One (1) or more of the victim's siblings.
(b) If there is more than one (1) victim, not more than eight (8)
persons who are members of the victims' immediate families may bepresent at the execution. The department shall determine whichpersons may be present in accordance with procedures adopted undersubsection (c).
(c) The department shall develop procedures to determine whichfamily members of a victim may be present at the execution if morethan eight (8) family members of a victim desire to be present or ifthere is more than one (1) victim. Upon the request of a familymember of a victim, the department shall establish a support roomfor the use of:
(1) an immediate family member of the victim described insubsection (a)(8) who is not selected to be present at theexecution; and
(2) a person invited by an immediate family member of thevictim described in subsection (a)(8) to offer support to theimmediate family member.
(d) The superintendent of the state prison may exclude a personfrom viewing the execution if the superintendent determines that thepresence of the person would threaten the safety or security of thestate prison and sets forth this determination in writing.
(e) The department of correction:
(1) shall keep confidential the identities of persons who assistthe superintendent of the state prison in an execution; and
(2) may:
(A) classify as confidential; and
(B) withhold from the public;
any part of a document relating to an execution that wouldreveal the identity of a person who assists the superintendent inthe execution.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.5;P.L.56-2006, SEC.1.
IC 35-38-6-7
Escape and recapture of convicted person
Sec. 7. (a) If the convicted person:
(1) escapes from custody before the date set for execution; and
(2) is recaptured before the date set for execution;
the convicted person shall be confined and executed according to theterms of the warrant.
(b) If the convicted person:
(1) escapes from custody before delivery to the superintendentof the state prison; and
(2) is recaptured after the date set for execution;
any person may arrest and commit the convicted person to the jail ofthe county in which the convicted person was sentenced. The sheriffshall notify the sentencing court of the recapture, and the court shallfix a new date for the execution. The new execution date must not beless than thirty (30) nor more than sixty (60) days after the recaptureof the person. The court shall issue a new warrant in the formprescribed by section 2 of this chapter. (c) If the convicted person:
(1) escapes from confinement; and
(2) is recaptured after the date set for execution;
any person may arrest and commit the convicted person to thedepartment of correction. When the convicted person is returned tothe department of correction or a facility or place designated by thedepartment of correction, the department shall notify the sentencingcourt, and the court shall fix a new date for the execution. The newexecution date must not be less than thirty (30) nor more than sixty(60) days after the recapture of the person. The court shall issue awarrant to the department of correction directing the superintendentof the state prison to execute the convicted person at a specified timeand date in the state prison.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.6.
IC 35-38-6-8
Suspension of execution of death sentence; reason for delay
Sec. 8. (a) If the execution of the death sentence is suspended, thedepartment of correction shall note the reason for the delay on thewarrant but shall proceed with the execution when the period ofsuspension ends.
(b) The warrant shall be returned to the clerk of the sentencingcourt after:
(1) the convicted person is executed;
(2) the convicted person has been pardoned;
(3) the convicted person's judgment has been reversed;
(4) the convicted person's sentence has been commuted; or
(5) the convicted person dies before his execution;
with a statement concerning the completion of the execution or thereason why the person was not executed.
As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.7.
IC 35-38-6-9
Application of chapter to women convicted and sentenced to death
Sec. 9. The provisions of this chapter in relation to the inflictionof the death penalty extend equally, so far as applicable, to the caseof any woman convicted and sentenced to death.
As added by P.L.311-1983, SEC.3.
IC 35-38-6-10
Suspension of execution of sentence when condemned woman ispregnant; certification of physicians
Sec. 10. If the physician of the state prison and one (1) otherphysician certify in writing to the superintendent of the state prisonand the sentencing court that a condemned woman is pregnant, thesuperintendent shall suspend the execution of the sentence. When thestate prison physician and one (1) other physician certify in writingto the superintendent of the state prison and the sentencing court thatthe woman is no longer pregnant, the sentencing court shallimmediately fix a new execution date.As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.8.