Kentucky Administrative Regulations › Title 501 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CORRECTIONS › Chapter 16 - Capital Punishment › Section 501 KAR 16:001 - Definitions for 501 KAR Chapter 16

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				196.030,
				196.070,
				196.180,
				431.213-431.270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				196.035 and
				197.020
				authorize the Justice and Public Safety Cabinet and Department of Corrections to
				promulgate administrative regulations necessary and suitable for the proper
				administration of the cabinet or any of its divisions.
				KRS
				431.220 establishes requirements for the execution
				of the death penalty. This administrative regulation establishes the definitions
				used in 501 KAR Chapter 16.
Section 1.
			 Definitions.
(1) "Cabinet" is defined in
			 KRS
			 196.010(1) and
			 197.010(1).
(2) "Clergy witness" means the member of clergy
			 designated in writing by the condemned person to witness the execution pursuant to
			 KRS
			 431.250.
(3) "Commissioner" means:
(a) Commissioner as defined in
			 KRS
			 196.010(2); or
(b) The commissioner's designee.
(4) "Condemned person" is defined in
			 KRS
			 431.213(1).
(5) "Department" is defined in
			 KRS
			 196.010(3) and
			 197.010(3).
(6) "Designated medical professional" means the
			 physician designated by the department to monitor the clinical activities,
			 assessments and examinations involving the condemned person during the fourteen (14)
			 days prior to execution.
(7) "Designated
			 victim's family" means the three (3) members of the victim's family designated by
			 the commissioner to witness the execution pursuant to
			 KRS
			 431.250.
(8) "Electrocution" means the method of execution
			 described in
			 KRS
			 431.220(1)(b).
(9) "Electrocution equipment" means the device at
			 the penitentiary that was specifically manufactured to cause death by
			 electrocution.
(10) "Execution building"
			 means the dedicated structure at the Kentucky State Penitentiary containing the
			 execution chamber.
(11) "Execution
			 chamber" means the room or area of the Kentucky State Penitentiary designated by the
			 Warden to conduct an execution.
(12)
			 "Execution order" means:
(a) A mandate from the
			 Supreme Court of Kentucky; or
(b) An
			 Executive Order for execution signed by the Governor that:
1. Is entered in the Executive Journal maintained
			 by the Secretary of State; and
2. May be
			 commonly known as a death warrant.
(13) "Execution team" means the persons appointed
			 by the Warden to carry out the execution of the condemned person and may include the
			 IV team if execution is by lethal injection.
(14) "Headgear" means the leather device used to
			 hold the electrode and sponge to the condemned person's head.
(15) "IV team" means the persons on the execution
			 team who site and insert intravenous, or IV, lines in the condemned
			 person.
(16) "Lethal injection" means
			 the method of execution described in
			 KRS
			 431.220(1)(a).
(17) "Media representative" means one (1) of the
			 nine (9) representatives of the news media as identified in
			 KRS
			 431.250 and selected in accordance with
			 501
			 KAR 16:300.
(18) "Minister of record" means the spiritual
			 advisor designated by the condemned person in writing to visit him after the
			 execution order is received.
(19)
			 "Penitentiary" means the Kentucky State Penitentiary.
(20) "Personal visitor" means a visitor who is
			 listed on the condemned person's visitation list or other visitor who is not the:
(a) Media;
(b) Minster of record; or
(c) Clergy who is providing religious services to
			 the condemned person.
(21)
			 "Security risk" means as determined in the warden's discretion a potential threat
			 to:
(a) The security of:
1. The institution;
2. An inmate;
3. A department employee; or
4. Any other person; or
(b) The order of the institution.
(22) "Special notes" mean specifically
			 designated entries made in the electronic medical record that contain information
			 concerning the condemned person from the period of time stated in
			 501 KAR
			 16:310, Section 1(1).
(23) "Testing device" means the device that was
			 specifically manufactured to simulate an execution to test the functioning of the
			 electrocution equipment.
(24) "Victim's
			 family" means the individuals who are eligible for designation by the commissioner
			 to witness the execution in accordance with
			 KRS
			 431.250.
(25) "Volunteer" means a death sentenced inmate
			 who requests to be executed before he has completed the available legal challenges
			 to his conviction or sentence.
(26)
			 "Warden" means the Warden of the Kentucky State Penitentiary or the warden's
			 designee.