§ 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

Indiana § 35-38-6-6

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 6: Execution of Death Sentence

Text

(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 of the convicted person.
(6) The prison chaplain.
(7) Not more than five (5) friends or relatives of the convicted
person who are invited by the convicted person to attend.
(8) Except as provided in subsection (b), not more than eight (8)
of the following members of the victim's immediate family who
are at least eighteen (18) years of age:
(A) The victim's spouse.
(B) One (1) or more of the victim's children.
(C) One (1) or more of the victim's parents.
(D) One (1) or more of the victim's grandparents.
(E) One (1) or more of the victim's siblings.
(b) If there is more than one (1) victim, not more than eight (8)
persons who are members of the victims' immediate families may be
present at the execution. The department shall determine which persons
may be present in accordance with procedures adopted under
subsection (c).
(c) The department shall develop procedures to determine which
family members of a victim may be present at the execution if more
than eight (8) family members of a victim desire to be present or if
there is more than one (1) victim. Upon the request of a family member
of a victim, the department shall establish a support room for the use
of:
(1) an immediate family member of the victim described in
subsection (a)(8) who is not selected to be present at the
execution; and
(2) a person invited by an immediate family member of the victim
described in subsection (a)(8) to offer support to the immediate
family member.
(d) The warden of the state prison may exclude a person from
viewing the execution if the warden determines that the presence of the
person would threaten the safety or security of the state prison and sets
forth this determination in writing.
(e) The department of correction:
(1) shall keep confidential the identities of persons who assist the
warden of the state prison in an execution; and
(2) may:
(A) classify as confidential; and
(B) withhold from the public;
any part of a document relating to an execution that would reveal
the identity of a person who assists the warden in the execution.

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.20-2002, SEC.5; P.L.56-2006, SEC.1; P.L.67-2017, SEC.18.