Section 23A-27A-34 – Attendance at execution by attorney general, sentencing judge, state’s attorney, sheriff, representatives of victim, news media, and additional citizens approved by warden.
23A-27A-34. Attendance at execution by attorney general, sentencing judge, state’s attorney, sheriff, representatives of victim, news media, and additional citizens approved by warden. The warden of the penitentiary shall request, by at least two days’ previous notice, the presence of the attorney general, the trial judge before whom the conviction was had or the judge’s […]
Section 23A-27A-34.1 – Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers.
23A-27A-34.1. Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers. The warden shall arrange for the attendance of a person trained to examine the defendant and pronounce death and for the attendance of such penitentiary staff, Department of Corrections staff, and law enforcement officers as deemed necessary to perform […]
Section 23A-27A-34.2 – Witnesses permitted to defendant at execution.
23A-27A-34.2. Witnesses permitted to defendant at execution. The defendant is permitted to have up to five witnesses present at the execution. Witnesses for the defendant may include counsel, members of the clergy, relatives, or friends. Source: SL 2008, ch 117, §30.
Section 23A-27A-36 – Other persons not permitted to attend.
23A-27A-36. Other persons not permitted to attend. The warden may not permit any person to be present at the execution other than those designated in §§23A-27A-32, 23A-27A-34, 23A-27A-34.1, and 23A-27A-34.2 and may not permit the presence of any person under the age of eighteen years. Source: SL 1939, ch 135, §13; SL 1939, ch 136; […]
Section 23A-27A-37 – Secrecy of execution time–Disclosure as misdemeanor.
23A-27A-37. Secrecy of execution time–Disclosure as misdemeanor. Prior to the announcement required in §23A-27A-17, the scheduled day and time fixed by the warden for the execution shall be kept secret and in no manner divulged except privately to the persons invited or requested to be present as provided by §§23A-27A-32, 23A-27A-34, 23A-27A-34.1, and 23A-27A-34.2. It […]
Section 23A-27A-37.1 – Disability of warden–Appointment of deputy or other officer.
23A-27A-37.1. Disability of warden–Appointment of deputy or other officer. In case of disability of the warden to whom the warrant of death sentence and execution is directed, the secretary of corrections shall appoint the deputy warden or such other officer of the Department of Corrections as may be necessary to carry out the warrant of […]
Section 23A-27A-37.2 – Postmortem examination by county coroner.
23A-27A-37.2. Postmortem examination by county coroner. After the execution, the county coroner shall conduct a postmortem examination of the body of the defendant. The county coroner shall report in writing the result of the examination, stating the nature thereof and the finding made. The report shall be annexed to the certificate of execution mentioned in […]
Section 23A-27A-37.3 – Autopsy.
23A-27A-37.3. Autopsy. Following the death of the defendant by execution, the body may be subject to an autopsy pursuant to §24-1-27 and chapter 23-14. Any final autopsy report shall be annexed to and filed with the certificate of execution mentioned in §23A-27A-40.1. Source: SL 2008, ch 117, §36.
Section 23A-27A-39 – Interment of body unless claimed by relative.
23A-27A-39. Interment of body unless claimed by relative. After the postmortem examination and any autopsy, the body of the defendant, unless claimed by some relative, shall be interred in a cemetery within the county where the penitentiary is situated. Source: SL 1939, ch 135, §13; SL 1939, ch 136; SDC Supp 1960, §34.37A13; SDCL §23-49-27; […]
Section 23A-27A-40.1 – Certificate of execution.
23A-27A-40.1. Certificate of execution. The warden or corrections official attending and in charge of the execution shall prepare and sign a certificate of execution setting forth the date, time, place, and manner of execution, and that the defendant was executed in conformity to the judgment of the court and the provisions of this chapter. The […]