2013 Kentucky Revised Statutes CHAPTER 431 - GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS 431.240 Time of execution -- Governor to fix time in case of insanity, pregnancy, or escape -- Administrative hearings -- Transfer to forensic psychiatric facility in case of insanity.
Download as PDF
431.240 Time of execution -- Governor to fix time in case of insanity,
pregnancy, or escape -- Administrative hearings -- Transfer to forensic
psychiatric facility in case of insanity.
(1)
(2)
(3)
(4)
Unless the execution is stayed for any cause, the warden of the institution or
his deputy shall proceed, on the day named in the judgment of conviction, a
governor's warrant, or an order of the court, to cause the condemned person to
be executed. The execution shall take place at a time designated by the
warden of the institution where the execution is to take place on the day
designated in the judgment of conviction, the governor's warrant, or an order of
the court.
If the condemned person is insane, as defined in KRS 431.213 or pregnant
with child on the day designated for the execution, the execution shall be
suspended until the condemned is restored to sanity or is delivered of child.
The execution shall then take place under the warrant of the Governor and at
the time designated by him, unless stayed by due process of law. If execution
is suspended on the ground of insanity, the commissioner of the Department of
Corrections shall transfer the condemned person to the Kentucky Correctional
Psychiatric Center until the time he is restored to sanity. Any administrative
hearings authorized under authority of this section shall be conducted in
accordance with KRS Chapter 13B.
If the condemned person escapes from custody and is recaptured after the
expiration of the date fixed for the execution, the Governor, upon receiving
written notice of the recapture from the warden of the institution, shall send his
warrant of execution to the warden by special messenger and shall name
therein the day of execution. The warden shall then proceed to the execution
thereof according to the provisions of KRS 431.215 to 431.270.
When a judgment of death has not been executed on the day appointed
therefor by the court, from any cause, the Governor, by a warrant under his
hand and the seal of the Commonwealth, shall fix the day of the execution,
which warrant shall be obeyed by the warden of the institution.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 220, sec. 2, effective March 31, 1998; and
ch. 606, sec. 157, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318,
sec. 356, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 85,
effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 52, effective
July 15, 1986. -- Amended 1980 Ky. Acts ch. 295, sec. 91, effective July 15,
1980. -- Amended 1976 Ky. Acts ch. 332, sec. 30. -- Amended 1962 Ky. Acts
ch. 234, sec. 46. -- Amended 1944 Ky. Acts ch. 145, sec. 1. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1137-3,
1137-7, 1137-8.
Legislative Research Commission Note (7/15/98). This section was amended by
1998 Ky. Acts chs. 220 and 606 which do not appear to be in conflict and have
been codified together.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.