13-4021. Competency to be executed; definition A. A person who is sentenced to death shall not be executed as long as he is mentally incompetent to be executed. B. As used in this article, " mentally incompetent to be executed" means that due to a mental disease or defect a person who is sentenced to […]
13-4022. Determining competency A. If after a sentence of death is imposed the director of the state department of corrections, the prisoner’s attorney or an attorney for the state has good reason to believe that the prisoner may be mentally incompetent to be executed, the director, the prisoner’s attorney or an attorney for the state […]
13-4023. Recovery of competency A. Within sixty days after a prisoner is committed for restoration to competency treatment, the chief medical officer of the state hospital shall file with the superior court a report setting forth the treatment being provided, the status of the prisoner and the prognosis as to when the prisoner will be […]
13-4024. Untimely or successive motions A. A motion for an examination under section 13-4022 that is filed fewer than twenty days before a scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following: 1. At least one affidavit from a licensed physician or licensed […]
13-4025. Procedure upon discovery that prisoner under death sentence may be pregnant; examination If, after delivery to the superintendent of the state prison of a female prisoner under a sentence of death, there is reason at any time prior to execution of such sentence to believe that she is pregnant, the superintendent shall give notice […]
13-4026. Proceedings subsequent to examination for pregnancy A. If it is determined that the female prisoner is not pregnant, the superintendent shall execute the sentence. B. If it is determined that she is pregnant, the superintendent shall suspend the execution of the sentence and transmit a certified copy of the finding to the governor. C. […]
