28 C.F.R. PART 26—IMPLEMENTATION OF DEATH SENTENCES IN FEDERAL CASES
Title 28 - Judicial Administration
Authority: 5 U.S.C. 301; 18 U.S.C. 4001(b), 4002; 28 U.S.C. 509, 510.
Source: Order No. 1655–93, 57 FR 4901, Jan. 19, 1993, unless otherwise noted.
The regulations of this part apply whenever a sentencing hearing conducted in a United States District Court has resulted in a recommendation or determination that a criminal defendant be sentenced to death for commission of an offense described in any federal statute. (a) Whenever this part becomes applicable, the attorney for the government shall promptly file with the sentencing court a proposed Judgment and Order. The proposed Judgment and Order shall state, in addition to any other matters required by law or otherwise appropriate, that: (1) The sentence shall be executed by a United States Marshal designated by the Director of the United States Marshals Service; (2) The sentence shall be executed by intravenous injection of a lethal substance or substances in a quantity sufficient to cause death; (3) The sentence shall be executed on a date and at a place designated by the Director of the Federal Bureau of Prisons; and (4) The prisoner under sentence of death shall be committed to the custody of the Attorney General or his authorized representative for appropriate detention pending execution of the sentence. (b) The attorney for the government shall append to the proposed Judgment and Order a Return by which the designated United States Marshal may inform the court that the sentence of death has been executed. (a) Except to the extent a court orders otherwise, a sentence of death shall be executed: (1) On a date and at a time designated by the Director of the Federal Bureau of Prisons, which date shall be no sooner than 60 days from the entry of the judgment of death. If the date designated for execution passes by reason of a stay of execution, then a new date shall be designated promptly by the Director of the Federal Bureau of Prisons when the stay is lifted; (2) At a federal penal or correctional institution designated by the Director of the Federal Bureau of Prisons; (3) By a United States Marshal designated by the Director of the United States Marshals Service, assisted by additional personnel selected by the Marshal and the Warden of the designated institution and acting at the direction of the Marshal; and (4) By intravenous injection of a lethal substance or substances in a quantity sufficient to cause death, such substance or substances to be determined by the Director of the Federal Bureau of Prisons and to be administered by qualified personnel selected by the Warden and acting at the direction of the Marshal. (b) Unless the President interposes, the United States Marshal shall not stay execution of the sentence on the basis that the prisoner has filed a petition for executive clemency. Except to the extent a court orders otherwise: (a) The Warden of the designated institution shall notify the prisoner under sentence of death of the date designated for execution at least 20 days in advance, except when the date follows a postponement of fewer than 20 days of a previously scheduled and noticed date of execution, in which case the Warden shall notify the prisoner as soon as possible. (b) Beginning seven days before the designated date of execution, the prisoner shall have access only to his spiritual advisers (not to exceed two), his defense attorneys, members of his family, and the officers and employees of the institution. Upon approval of the Director of the Federal Bureau of Prisons, the Warden may grant access to such other proper persons as the prisoner may request. (c) In addition to the Marshal and Warden, the following persons shall be present at the execution: (1) Necessary personnel selected by the Marshal and Warden; (2) Those attorneys of the Department of Justice whom the Deputy Attorney General determines are necessary; (3) Not more than the following numbers of person selected by the prisoner: (i) One spiritual adviser; (ii) Two defense attorneys; and (iii) Three adult friends or relatives; and (4) Not more than the following numbers of persons selected by the Warden: (i) Eight citizens; and (ii) Ten representatives of the press. (d) No other person shall be present at the execution, unless leave for such person's presence is granted by the Director of the Federal Bureau of Prisons. No person younger than 18 years of age shall witness the execution. (e) The Warden should notify those individuals described in paragraph (c) of this section as soon as practicable before the designated time of execution. (f) No photographic or other visual or audio recording of the execution shall be permitted. (g) After the execution has been carried out, qualified personnel selected by the Warden shall conduct an examination of the body of the prisoner to determine that death has occurred and shall inform the Marshal and Warden of his determination. Upon notification of prisoner's death, the Marshal shall complete and sign the Return described in §26.2(b) or any similar document and shall file such document with the sentencing court. (h) The remains of the prisoner shall be disposed of according to procedures established by the Director of the Federal Bureau of Prisons. No officer or employee of the Department of Justice shall be required to be in attendance at or to participate in any execution if such attendance or participation is contrary to the moral or religious convictions of the officer or employee, or if the employee is a medical professional who considers such participation or attendance contrary to medical ethics. For purposes of this section, the term “participation” includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.
Title 28: Judicial Administration
PART 26—IMPLEMENTATION OF DEATH SENTENCES IN FEDERAL CASES
Section Contents
§ 26.1 Applicability.
§ 26.2 Proposed Judgment and Order.
§ 26.3 Date, time, place, and method of execution.
§ 26.4 Other execution procedures.
§ 26.5 Attendance at or participation in executions by Department of Justice personnel.
§ 26.1 Applicability.
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§ 26.2 Proposed Judgment and Order.
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§ 26.3 Date, time, place, and method of execution.
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§ 26.4 Other execution procedures.
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§ 26.5 Attendance at or participation in executions by Department of Justice personnel.
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