Executing Death Penalty

Cal. PEN § 3604.1

California Statutes

(

a) The Administrative Procedure Act shall not apply to standards, procedures, or regulations promulgated pursuant to

Section 3604. The department shall make the standards adopted under subdivision (

a) of that

section available to the public and to inmates sentenced to death. The department shall promptly notify the Attorney General, the State Public Defender, and counsel for any inmate for whom an execution date has been set or for whom a motion to set an execution date is pending of any adoption or amendment of the standards. Noncompliance with this subdivision is not a ground for stay of an execution or an injunction against carrying out an execution unless the noncompliance has actually prejudiced the inmate’s ability to challenge the standard, and in that event the stay shall be limited to a maximum of days. (

b) Notwithstanding subdivision (

a) of

Section 3604, an execution by lethal injection may be carried out by means of an injection other than intravenous if the warden determines that the condition of the inmate makes intravenous injection impractical. (

c) The court which rendered the judgment of death has exclusive jurisdiction to hear any claim by the condemned inmate that the method of execution is unconstitutional or otherwise invalid. Such a claim shall be dismissed if the court finds its presentation was delayed without good cause. If the method is found invalid, the court shall order the use of a valid method of execution. If the use of a method of execution is enjoined by a federal court, the Department of Corrections and Rehabilitation shall adopt, within days, a method that conforms to federal requirements as found by that court.

If the department fails to perform any duty needed to enable it to execute the judgment, the court which rendered the judgment of death shall order it to perform that duty on its own motion, on motion of the District Attorney or Attorney General, or on motion of any victim of the crime as defined in subdivision (

e) of

Section of

Article I of the California Constitution.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 3604.1
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN3604.1.201611

Executing Death Penalty

Cal. PEN § 3604.1

California Statutes

Executing Death Penalty

Cal. PEN § 3604.1

California Statutes

(

a) The Administrative Procedure Act shall not apply to standards, procedures, or regulations promulgated pursuant to

Section 3604. The department shall make the standards adopted under subdivision (

a) of that

section available to the public and to inmates sentenced to death. The department shall promptly notify the Attorney General, the State Public Defender, and counsel for any inmate for whom an execution date has been set or for whom a motion to set an execution date is pending of any adoption or amendment of the standards. Noncompliance with this subdivision is not a ground for stay of an execution or an injunction against carrying out an execution unless the noncompliance has actually prejudiced the inmate’s ability to challenge the standard, and in that event the stay shall be limited to a maximum of days. (

b) Notwithstanding subdivision (

a) of

Section 3604, an execution by lethal injection may be carried out by means of an injection other than intravenous if the warden determines that the condition of the inmate makes intravenous injection impractical. (

c) The court which rendered the judgment of death has exclusive jurisdiction to hear any claim by the condemned inmate that the method of execution is unconstitutional or otherwise invalid. Such a claim shall be dismissed if the court finds its presentation was delayed without good cause. If the method is found invalid, the court shall order the use of a valid method of execution. If the use of a method of execution is enjoined by a federal court, the Department of Corrections and Rehabilitation shall adopt, within days, a method that conforms to federal requirements as found by that court.

If the department fails to perform any duty needed to enable it to execute the judgment, the court which rendered the judgment of death shall order it to perform that duty on its own motion, on motion of the District Attorney or Attorney General, or on motion of any victim of the crime as defined in subdivision (

e) of

Section of

Article I of the California Constitution.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 3604.1
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN3604.1.201611