§ 16-90-506 — Reprieve, new trial, etc

(a) (1) Should the condemned felon, while in the custody of the Director of the Division of Correction, be granted a reprieve by the Governor or obtain a writ of error from the Supreme Court or should the execution of the sentence be stayed by any competent judicial proceeding, notice of the reprieve or writ of error or stay of execution shall be served upon the Director of the Division of Correction, as well as upon the condemned felon, and he or she shall yield obedience to it. (2) In any subsequent proceeding, the mandate of the court having regard to the condemned felon shall be served upon the Director of the Division of Correction as well as upon the felon. (3) If the felon is resentenced by the court, the proceedings shall be as provided under the original sentence. (b) If a new trial is granted to the condemned felon after he or she has been conveyed to the Division of Correction, he or she shall be conveyed back to the place of trial as the Director of the Division of Correction may direct. (c) The only officers who shall have the power of suspending the execution of a judgment of death are: (1) The Governor; (2) In cases of insanity or pregnancy of the individual, the Director of the Division of Correction as provided in subsection (d) of this section; and (3) In cases of appeals, the Clerk of the Supreme Court, as prescribed by law. (d) (1) (A) (i) (a) When an individual under sentence of death, whose execution date has been set by the Governor, believes that he or she is not competent to be executed, the individual or his or her attorney may inform the Director of the Division of Correction in writing and shall provide any supporting evidence he or she wishes to be considered. (b) The Director of the Division of Correction shall consider any evidence offered by the individual or his or her attorney in making a determination of competency under subdivision (d)(1)(A)(ii) of this section. (ii) When the Director of the Division of Correction is satisfied that there are reasonable grounds for believing that an individual under sentence of death is not competent, due to mental illness, to rationally understand the nature and reasons for that punishment, the Director of the Division of Correction shall notify the Deputy Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (iii) The Director of the Division of Correction shall also notify the Governor of this action. (iv) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall cause an inquiry to be made into the mental condition of the individual within thirty (30) days of receipt of notification. (v) The attorney of record of the individual shall also be notified of this action, and reasonable allowance will be made for an independent mental health evaluation to be made. (vi) A copy of the report of the evaluation by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall be furnished to the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction, along with any recommendations for treatment of the individual. (vii) All responsibility for implementation of treatment remains with the Mental Health Services Section of the Division of Health Treatment Services of the Division of Correction. (B) (i) If, after an evidentiary hearing that comports with the Due Process Clause of the Fourteenth Amendment to the United States Constitution, over which the Director of the Division of Correction shall preside, the individual is found competent by the Director of the Division of Correction to rationally understand the nature of and reason for the punishment, the Governor shall be so notified and shall order the execution to be carried out according to law. (ii) If the individual is found incompetent due to mental illness, the Governor shall order that appropriate mental health treatment be provided. The Director of the Division of Correction may order a reevaluation of the competency of the individual as circumstances may warrant. (2) When the Director of the Division of Correction is satisfied that there are reasonable grounds for believing that a female convict under sentence of death is pregnant, he or she shall suspend the execution until it appears that she is not pregnant or until she has delivered the child.

Legislative History

Amended by Act 2019, No. 615,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 42, eff. 8/1/2017. Crim. Code, §§ 290, 291; Acts 1913, No. 55, §§ 6, 7; C. & M. Dig., §§ 3250, 3251, 3258, 3259; Pope's Dig., §§ 4095, 4096, 4103, 4104; Acts 1959, No. 228, §§ 1, 2; A.S.A. 1947, §§ 43-2617, 43-2618, 43-2621, 43-2622; Acts 1993, No. 914, § 1.