35-38-6-6. Persons Permitted to Be Present at Execution of Death Sentence; Exclusion of Persons for Safety or Security Reasons; Confidentiality of Identity of Persons Assisting in Execution
Sec. 6. (a) Only the following persons may be present at the execution: (1) The warden of the state prison. (2) The person designated by the warden of the state prison and any assistants who are necessary to assist in the execution. (3) The prison physician. (4) One (1) other physician. (5) The spiritual advisor […]
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 the terms of the warrant. (b) If the convicted person: (1) escapes from custody before delivery to the […]
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, the department of correction shall note the reason for the delay on the warrant but shall proceed with the execution when the period of suspension ends. (b) The warrant shall be returned to the clerk of the sentencing court after: (1) the convicted […]
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 infliction of the death penalty extend equally, so far as applicable, to the case of any woman convicted and sentenced to death. As added by P.L.311-1983, SEC.3.
35-38-6-10. Suspension of Execution of Sentence When Condemned Woman Is Pregnant; Certification of Physicians
Sec. 10. If the physician of the state prison and one (1) other physician certify in writing to the warden of the state prison and the sentencing court that a condemned woman is pregnant, the warden shall suspend the execution of the sentence. When the state prison physician and one (1) other physician certify in […]
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 state prison until the date of the convicted person’s execution. The convicted 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 security women’s prison […]
35-38-6-5. Place of Execution of Death Sentence
Sec. 5. The execution must take place inside the walls of the state prison in a room arranged for that purpose. The department of correction shall provide the necessary room and appliances to carry out the execution as provided in this chapter. As added by P.L.311-1983, SEC.3. Amended by P.L.294-1995, SEC.2.
35-38-6-1. Execution of Death Sentence; Specified Time and Date; Executioner; Lethal Injection
Sec. 1. (a) The punishment of death shall be inflicted by intravenous injection of a lethal substance or substances into the convicted person: (1) in a quantity sufficient to cause the death of the convicted person; and (2) until the convicted person is dead. (b) The death penalty shall be inflicted before the hour of […]
35-38-6-2. Court to Issue Warrant to Sheriff; Contents
Sec. 2. The court in which a death sentence is ordered shall issue a 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 warden of the state prison; […]
35-38-6-3. Delivery of Person to Warden; Receipt of Delivery of Person
Sec. 3. A sheriff who receives a warrant under section 2 or section 7 of this chapter shall immediately: (1) transport the person to the state prison; (2) deliver the person and the warrant to the warden of the prison; (3) obtain a receipt for the delivery of the person; and (4) deliver the receipt […]