CHAPTER: 700
OPERATIONAL SECURITY


OPR:


OPS

DEPARTMENT ORDER MANUAL

DEPARTMENT ORDER: 710

Execution Procedures

SUPERSEDES:

DO 710, 05/01/07

EFFECTIVE DATE:
March 5, 2008


TABLE OF CONTENTS

  PURPOSE
  RESPONSIBILITY
  PROCEDURES  
710.01 GENERAL PROVISIONS
710.02 RESPONSIBILITIES
710.03 GENERAL TIMELINES
710.04 THIRTY-FIVE DAYS PRIOR TO THE EXECUTION
710.05 THIRTY-FIVE DAYS PRIOR TO THE EXECUTION
710.06 TWENTY-ONE DAYS PRIOR TO THE EXECUTION
710.07 SEVEN DAYS PRIOR TO THE EXECUTION
710.08 TWO DAYS PRIOR TO THE EXECUTION
710.09 TWENTY-FOUR HOURS PRIOR TO THE EXECUTION
710.10 TWELVE HOURS PRIOR TO THE EXECUTION
710.11 POST-EXECUTION CHECKLIST
710.12 PROCEDURES FOR NEWS MEDIA
  IMPLEMENTATION
  AUTHORITY
  ATTACHMENTS

PURPOSE

This Department Order establishes procedures for planning and carrying out the execution of a person convicted of a capital offense and sentenced to death. These procedures shall be followed as written unless deviation or adjustment is required, as determined by the Director of the Arizona Department of Corrections (Department). This Department Order outlines internal procedures and does not create any legally enforceable rights or obligations.

This Department Order establishes time lines and outlines activities specific to the pre-execution, execution and post-execution phases. Time lines referenced herein are based on the imposition of sentence occurring at 10:00 a.m.; these timelines may fluctuate based on the circumstances presented. It also delineates procedures related to the imposition of the sentence, conducting command center operations, contingency plans, assisting news media, and adjusting for stays, commutations and other exigencies.

RESPONSIBILITY

The Department ensures that the execution of a person sentenced to death under State law by a court of competent authority and jurisdiction is carried out in keeping with statute, case law and professional practices.

The Department shall make every effort in the planning and preparation of an execution to ensure that the execution process:

  • Faithfully adheres to the letter and intent of the law.
  • Is handled in a manner that minimizes its impact on the safety, security and operational integrity of the prison and the community in which it occurs.
  • Accommodates the public's right to obtain certain information concerning the execution.
  • Reasonably addresses the privacy interests of persons as provided by law.
  • Provides contingency planning to identify and address unforeseen problems.
  • Allows for stays of execution, commutations and other exigencies up to the time that the sentence is imposed.
  • Provides opportunity for citizens to exercise their First Amendment rights to demonstrate for or against capital punishment in a lawful manner.
  • Ensures there is an appropriate response to unlawful civil disobedience, trespass and other violations of the law by any person attempting to impact the execution or the operation of the prison.

The Department shall detain, seek the arrest and encourage prosecution of persons whose conduct includes:

Participating staff shall adhere to the Department’s Code of Conduct and Professional Principles, evidencing:

PROCEDURES

710.01    GENERAL PROVISIONS - This process outlines the management of the inmate from the time of admission through the conclusion of the imposition of the sentence of death including:

1.1    Issuance of the Warrant of Execution by the Arizona Supreme Court

1.2    35 days prior to the execution

1.3    21 days prior to the execution

1.4    7 days prior to the execution

1.5    2 days prior to the execution

1.6    24 hours prior to the execution

1.7    12 hours prior to the execution

1.8    Post execution

710.02    RESPONSIBILITIES

1.1    The Division Director for Offender Operations provides for the planning and overall direction of all pre-execution, execution and post-execution activities. The Division Director seeks the input of the Deputy Division Director for Offender Operations and coordinates the activities of the Southern and Northern Regional Operations Directors (NROD and SROD) and the ASPC-Eyman or ASPC-Perryville and ASPC-Florence Wardens who activate the following teams and oversee their activities, specifically:

1.1.1    Command

1.1.1.1    Consists of three team members, a recorder, a radio telephone operator and others as necessary.

1.1.1.2    Team members are selected by the Division Director for Offender Operations with the approval of the Department Director.

1.1.1.3    Its team leader is the Deputy Division Director for Offender Operations.

1.1.1.4    Primary function of Command is the overall coordination of execution procedures.

1.1.2    Housing Unit 9 Team

1.1.2.1    Consists of ten team members, a recorder and team leader.

1.1.2.2    Team members are selected by the Division Director for Offender Operations with the approval of the Department Director.

1.1.2.3    Its team leader is the ASPC-Florence Warden.

1.1.2.4    Primary function of the team is the overall coordination of activities of the Pre/Post Execution Restraint Team and the Special Operations Team to ensure compliance with conditions of confinement and application of approved procedures.

1.1.3    Pre/Post Execution Restraint Team

1.1.3.1    Consists of nine team members divided into three teams of three and one team leader.

1.1.3.2    Its team members and the team leader are selected by the Division Director for Offender Operations with the approval of the Department Director.

1.1.3.3    Primary function of the Pre/Post Execution Restraint Team is to provide continuous observation of the inmate and apply appropriate restraint procedures and inmate management prior to, during and after the execution.

1.1.4    Special Operations Team:

1.1.4.1    Consists of seven medically trained team members and a Team Leader.

1.1.4.2    Its team members and team leader are selected by the Division Director for Offender Operations with the approval of the Department Director. Special Operations Team Leader will be designated by the Division Director to oversee the team.

1.1.4.3    One Special Operations Team member will be selected by the Special Operations Team Leader to observe the procedure and serve as the Recorder. The remaining six team members will dispense the chemicals.

1.1.4.4    Primary function of the Special Operations Team is to implement the protocols associated with the execution with its primary duty being the administration of the chemicals.

1.1.5    Maintenance Response Team (MRT)

1.1.5.1    Consists of three team members and a team leader.

1.1.5.2    Team members are selected by the ASPC-Florence Warden. The team leader is the ASPC-Florence Physical Plant Administrator.

1.1.5.3    Primary function of MRT is to test all Housing Unit 9 equipment utilized to impose the sentence of death by lethal injection and to ensure electrical, plumbing, heating and air conditioning units are in working order.

1.1.5.4    The Housing Unit 9 Team Leader will also ensure that the gas chamber is maintained and periodically tested.

1.1.6    Critical Incident Response Team (CIRT)

1.1.6.1    Consists of 20 team members and a team leader.

1.1.6.2    The leader is the Employee Assistance Program Administrator (EAPA) or designee.

1.1.6.3    Team members are trained CIRT responders and selected by the EAPA.

1.16.4    Primary function of CIRT is to educate staff regarding possible psychological responses and effective coping mechanisms to affected staff at all levels in the Department prior to, during and after the execution. CIRT will also provide ongoing follow up contact to staff.

1.1.7    Traffic Control Team

1.1.7.1    Consists of eight team members and a team leader.

1.1.7.2    Team members and the team leader are selected by the Division Director for Offender Operations.

1.1.7.3    Primary function is to confer with state and local law enforcement agencies, establish check points and parameters for traffic control and formulate inter-agency emergency response strategies. The team also coordinates the ingress/egress for Department and contract staff and other persons whose attendance is necessary at ASPC-Eyman or ASPC-Perryville and ASPC-Florence. The Team’s focus is the period of time starting twenty-four hours prior to the execution and concluding when normal activities resume after the execution.

1.1.8    Escort Team

1.1.8.1    Consists of six team members, divided into three teams of two each, and a team leader.

1.1.8.2    Team members and the team leader are selected by the Division Director for Offender Operations.

1.1.8.3    Primary function is to coordinate the movement of all pre-approved witnesses on and off prison grounds and within its perimeter. One Escort Team is assigned to escort and assist pre-approved state (including pool reporter media witnesses), victim and inmate witnesses. Escort team members always remain with witnesses within the established perimeter.

1.1.9    Victim Services Team

1.1.9.1    Consists of two team members which includes the team leader.

1.1.9.2    Team member is selected by the team leader, with approval of the Director.

1.1.9.3    The team leader is the Victim Services Office Administrator.

1.1.9.4    Primary function is to ensure victims of the crime resulting in the imposition of death are informed of the execution date and their opportunity to witness the execution. The team explains the execution process. If the victim is interested in attending, the team submits the victim's name(s) for consideration.

1.1.9.5    Day of the Execution - The team leader meets with the victim(s) in a predetermined staging area and accompanies them throughout the process, including a briefing by the Director. The Team provides support and advocacy as appropriate.

1.1.9.6    If the victim(s) is interested in speaking with the media after the execution, the victim(s) is escorted to the Press Room for brief media availability.

1.1.9.7    Post-Execution - The team leader ensure the victim(s) receives follow up phone calls and support.

1.1.10    Population Assessment

1.1.10.1    ASPC-Eyman Warden is responsible for the coordination of monitoring and evaluation of inmate activity at ASPC-Eyman.

1.1.10.2    ASPC-Perryville Warden is responsible for the coordination of monitoring and evaluation of inmate activity at ASPC-Perryville.

1.1.10.3    ASPC-Florence Warden is responsible for the coordination of monitoring and evaluation of inmate activity at ASPC-Florence.

1.1.10.4    ASPC-Eyman Deputy Warden of Operations continuously monitors and assesses the inmate population for any activity related to the execution or its impact on the prison’s operation.

1.1.10.5    ASPC-Perryville Deputy Warden of Operations continuously monitors and assesses the inmate population for any activity related to the execution or its impact on the prison’s operation.

1.1.10.6    ASPC-Florence Deputy Warden of Operations continuously monitors and assesses the inmate population for any activity related to the execution or its impact on the prison’s operation.

710.03    GENERAL TIMELINES

1.1    During Intake at ASPC-Eyman SMU II and ASPC-Perryville Lumley Unit the following forms will be provided to and completed by all newly admitted Death Row inmates and maintained in their institutional file:

1.1.1    Method of Execution, Form 710-1 (applicable to death row inmates whose crimes were committed prior to November 23, 1992);

1.1.2    Disposition of Remains, Form 710-3;

1.1.3    Disposition of Property, Form 711-1.

1.2    During Intake and the initial classification and annually thereafter at each re-classification hearing, Health Services and Mental Health staff shall conduct an independent assessment of the inmate’s medical and mental health and provide timely notice to the Department’s General Counsel of any significant change.

1.3    The Department’s General Counsel monitors court opinions impacting this Department Order. General Counsel also maintains contact with the Attorney General’s Office to identify inmates whose final appeals may be exhausted and whose cases may otherwise be concluded within the year.

1.4    The Department’s General Counsel, upon receipt of the Warrant of Execution from the Attorney General's Office, shall:

1.4.1    Notify the Director, Division Director for Offender Operations, the Wardens of ASPC-Florence and ASPC-Eyman or ASPC-Perryville, and the Media and Public Relations Office.

1.4.1.1    The Warden of ASPC-Florence creates the permanent record of the execution activities.

1.4.2    Forward the original Warrant of Execution to the Warden of ASPC-Florence.

1.4.3    Forward copies of the original Warrant of Execution to the Warden of ASPC-Eyman or ASPC-Perryville.

1.4.4    Notify the Victim Services Team Leader, who shall contact the victim(s) and inform them of the court’s issuance of the Warrant of Execution.

1.5    The Director will select the time of execution and provide notice to the Arizona Supreme Court and the parties at least 20 calendar days prior to the execution date. Arizona Rules of Criminal Procedures, Rule 31.17. C.3. (See Attachments A and B)

1.5.1    Under exigent circumstances, the timeframes established in this Department Order are subject to change.

1.6    The Offender Operations Division Director will:

1.6.1    Establish an annual training schedule and identify dates for periodic on-site practice by Command and the Teams delineated in section 710.02, 1.1 through 1.1.9.

1.6.2    Ensure periodic testing of all of the equipment in Housing Unit 9 occurs, affirming electrical, plumbing, heating and air conditioning units are in working order and that the gas chamber is maintained and periodically tested.

1.6.3    Document all training and testing activities. The training documentation, testing schedules and results shall be forwarded to the Department's General Counsel, who shall maintain a permanent record of this information.

710.04    THIRTY- FIVE DAYS PRIOR TO THE EXECUTION

1.1    Upon receipt of a copy of the Warrant of Execution, the Warden of ASPC-Eyman or ASPC-Perryville will:

1.1.1    Read the Warrant to the inmate.

1.1.2    Outline for the inmate how conditions of confinement will be modified over the next thirty-five days and briefly describe the relevant aspects of the execution process.

1.1.3    Offer the inmate the opportunity to contact their Attorney of Record by phone and to speak with a facility Chaplain.

1.1.4    Obtain the inmate's current weight and provide that information to the Division Director for Offender Operations.

1.1.5    Transfer the inmate to the single-cell on Death Row SMU II or the Lumley Unit that has been retrofitted expressly for the purpose of holding the inmate whose execution date is established for the duration of their stay in that unit.

1.1.5.1    Before transferring the inmate into the cell, the inmate should be stripped searched, screened on the BOSS chair and then issued a new set of clothes and shoes to wear.

1.1.5.2    The single person cell shall be thoroughly searched prior to placing the inmate in the cell.

1.1.5.3    Other provisions for the transfer of the inmate into the cell and their management thereafter are included in 710.04 sections 1.2 and 1.3 of this Department Order.

1.1.6    Place the inmate on 24-hour Continuous Observation and post staff to the inmate’s cell on an on-going basis to maintain visual contact with the inmate until such time as the inmate is transferred to Housing Unit 9 at ASPC-Florence.

1.1.7    Establish an Observation Record to chronicle staff’s observations of the inmate’s activities and behavior until the sentence of death is imposed.

1.2    Conditions of Confinement - The ASPC-Eyman or ASPC-Perryville Warden will:

1.2.1    Ensure none of the inmate’s personal property is transferred with the inmate, except as provided in this section.

1.2.1.1    The inmate’s personal property shall be inventoried in their presence before the transfer of cells occurs and then it will be boxed, sealed and removed from the cell. It will be stored pending receipt of written instruction by the inmate regarding disposition of property or otherwise disposed as outlined in 710.04 section 1.4 of this Department Order.

1.2.1.2    All remaining property possessed by the inmate in the cell shall comply with indigent status items; any exceptions must be pre-approved in writing by the Division Director for Offender Operations.

1.2.1.3    The inmate may keep in the cell one box each of legal and religious materials, a pencil and paper, and a book or periodical.

1.2.1.4    The inmate will be issued a new mattress, pillow and bedding.

1.2.1.5    The inmate shall receive limited hygiene supplies (hotel sized bar soap, toothpaste and toothbrush) and a towel and washcloth. These materials shall be exchanged on a daily basis.

1.2.1.6    The inmate will be issued a clean set of clothing and bedding daily.

1.2.1.7    All inmate medications will be unit dosed and, when available issued in liquid form. No medication including over-the-counter medications shall be dispensed or maintained by the inmate as Keep-on-Person.

1.2.1.8    The inmate has access to a department television set that is enclosed and secured in a cage. The inmate may not have access to any other appliances.

1.2.2    Continue to provide outdoor exercise and showers, non-contact visits and phone calls per the current schedule for other death row inmates in SMU II or the Lumley unit.

1.3    Choice of Witnesses – The ASPC-Eyman or ASPC-Perryville Warden will inform the inmate that two clergy and five other persons may be invited to be present at the execution. No minors may witness the execution pursuant to A.R.S. 13-705. The inmate will be directed to submit the Inmate Witness and Notification Information, Form 710-2, to the Warden within 21 days of the scheduled execution date.

1.3.1    Inmate requests for Department or contract staff to attend the execution will be denied.

1.3.2    Inmate requests for other inmates to attend the execution will be denied.

1.4    Disposition of Personal Property and Accounts – The ASPC-Eyman or ASPC-Perryville Warden will direct the inmate to review and update as necessary the Notification in Case of Accident, Serious Illness or Death and Disposition of Property, Form 711-1. The Warden will direct the inmate to provide any changes no later than 21 days prior to the execution. If the inmate provides no instruction, the property and accounts will be disposed per Department Order #711, Notification of Inmate Hospitalization or Death.

1.5    Organ Donation - The inmate's body shall not be used for organ donation. The ASPC- Eyman or ASPC-Perryville Warden will so advise the inmate.

1.6    Disposition of the Deceased - The ASPC-Eyman or ASPC-Perryville Warden will summarize the options available with the inmate for release and disposition of their body after the autopsy is performed. The Warden will direct the inmate to review the previously completed Disposition of Remains, Form 710-3, and update as necessary no later than 21 days prior to the execution. If the inmate provides no information or the information is insufficient or incorrect, the deceased will be disposed per Department Order #711, Notification of Inmate Hospitalization or Death.  

1.7    The ASPC-Eyman or ASPC-Perryville Warden will advise the inmate they may request a last meal by completing the Last Meal Request, Form 710-5, and returning it no later than 14 days prior to the execution. Reasonable effort shall be made to accommodate the request.

1.8    The Arizona Board of Executive Clemency (BOEC) will contact the ASPC-Eyman or ASPC-Perryville Warden to arrange for the BOEC Executive Director or designee to meet with the inmate in person to advise the inmate that a commutation hearing may be held, and that the inmate may participate in the hearing in person or by submitting a written statement to the BOEC.

1.8.1    The BOEC will advise the Department of its plans to convene a Commutation Hearing and its date and time. Upon receipt of the notice, the ASPC-Eyman or ASPC-Perryville Warden will arrange for a location in which the Commutation Hearing will be held.

1.8.2    If the BOEC Commutation Hearing is held at the prison, the Department will:

1.8.2.1    Require those in attendance to adhere to dress code set forth in Department Order 911.

1.8.2.2    Comply with the open meeting laws as it applies to Board of Executive Clemency hearings pursuant to A.R.S. 38-431.08

1.9    Designation of ADC Staff and Others Selected to Assist with the Execution

1.9.1    The ASPC-Eyman or ASPC-Perryville and ASPC-Florence Wardens will review the current teams’ rosters and recommend retention and replacement of staff and alternates to the Deputy Division Director for Offender Operations.

1.9.2    The Deputy Division Director for Offender Operations will evaluate the teams’ composition and the Wardens’ recommendations and forward final recommendations to the Division Director for Offender Operations.

1.9.3    In the selection and retention of team members, the Division Director for Offender Operations shall consider:

1.9.3.1    Each proposed team member’s personnel file, particularly disciplinary issues. No employee who has had any disciplinary action within the past 12 months shall be considered. Any staff currently under investigation is also ineligible pending its satisfactory resolution.

1.9.3.2    Medical and Mental Health status.

1.9.3.3    Special consideration may be given to staff with pertinent specialized training and qualifications.

1.9.3.4    Staff with less than two years satisfactory employment with the Department will not be considered.

1.9.3.5    No staff serving on any team shall be related by blood or marriage or have any other legal relationship with the inmate, their family or the crime victim(s).

1.9.3.6    Staff's current work location.

1.9.3.7    The selection process shall consist of a preliminary screening by a panel followed by an interview of each proposed team member conducted prior to the final selection of team members.

1.9.4    Staff participation in the execution process is strictly voluntary. No Department employee is required to attend or participate in an execution.

1.9.4.1    Any staff volunteers may withdraw from performing their assigned duties specific to the execution at any time by advising their Team Leader, advising a Team Member or advising their immediate Chain of Command.

1.9.5    The Division Director for Offender Operations shall commence arrangements to ensure qualified medical personnel make up the Medical Team.

1.10    Other Approved Witnesses
1.10.1    The Director or designee shall be present during the execution.

1.10.2    The Director shall invite:

1.10.2.1    The Arizona Attorney General. A.R.S. 13-705

1.10.2.2    Twelve or more reputable citizens, including up to five Arizona-market media.

1.10.2.2.1    The five state media witnesses shall be selected as representatives, one each, of media-print, television/cable, radio, the Associated Press and the local market where the crime occurred. These state media witnesses shall also agree to serve as pool reporters.

1.10.2.2.2    Law Enforcement and prosecutors from the jurisdiction where the crime occurred.

1.10.2.3    Seven or less victim witnesses. The Victim Services Team shall identify and contact the crime victims and survivors of the crime for which the sentence of death will be imposed.
1.10.3    Minors shall not be permitted to witness an execution. A.R.S. 13-705.

1.10.4    All witnesses are subject to a records check. Selection to participate is contingent upon security clearance and Witness Agreement to adhere to the provisions stipulated in the State Witness Agreement and State Witness/Pool Reporters Agreements, Forms 710-6 and 710-7.

1.11    Briefing Institution Staff
1.11.1    The Division Director for Offender Operations shall ensure that at a minimum, a weekly briefing will occur for all involved staff commencing the 35th day prior to the execution and continuing until the prison(s) return(s) to normal operations following the execution or the issuance of a stay of execution. At a minimum briefings will be conducted as follows:
1.11.1.1    At the time the warrant is served.

1.11.1.2    At a time prior to the Clemency Hearing, as determined by the Warden.

1.11.1.3    Daily during the week leading up to the execution event.

1.11.1.4    The day after the execution.

1.11.2    CIRT team members will identify and speak with interested and affected staff.
1.12    Briefing State and Local Law Enforcement
1.12.1    The Deputy Division Director for Offender Operations shall ensure state and local law enforcement is periodically briefed and adequately prepared for the execution.
1.12.1.1    The Deputy Division Director for Offender Operations with the input of the ASPC-Florence and ASPC-Eyman or ASPC-Perryville Warden shall invite state and local law enforcement liaisons to participate in periodic briefings about the execution and its impact on the community including access restrictions, crowd control, additional security precautions that may be warranted and other pertinent information.
1.12.1.1.1    During these briefings the Deputy Division Director for Offender Operations, with the assistance of the NROD, shall determine each agency’s role and each jurisdiction’s responsibilities.
1.12.1.2    The Deputy Division Director for Offender Operations with the assistance of the ASPC-Eyman or ASPC-Perryville and ASPC-Florence Wardens shall schedule tabletop and simulation exercises with state and local law enforcement, identifying areas and activities for improvement and incorporate the findings into future simulations.

1.13    All of the equipment necessary to the administration of the execution shall be available on site and in good working order including:

1.13.1    Transportation vehicles

1.13.2    Communication devices with inter-operability capability and restricted frequencies

1.13.3    Climate control

1.13.4    Tool control

1.13.5    Safety equipment

1.13.6    Audio/visual equipment

1.13.7    Utility infrastructure

1.13.8    Key control/locking devices

1.13.9    Medical emergency response capability

1.14    The Division Director for Offender Operations will take all necessary steps to timely rectify deficiencies.

710.05    THIRTY-FIVE DAYS PRIOR TO THE EXECUTION

1.1    The Division Director for Offender Operations:

1.1.1    Identifies and assign teams’ leaders and members, and activates the teams.

1.1.2    Arranges for the participation of qualified medical personnel.

1.1.3    Finalizes arrangements with the Pinal County Medical Examiner Office for the disposition of the body, security for the Pinal County Medical Examiner’s vehicle and the custodial transfer of the body.

1.1.3.1    The Inspector General or designee shall obtain a body bag and tag from the Pinal County Medical Examiner’s Office.

1.1.4    The Deputy Division Director for Offender Operations is responsible for establishing the agenda and leading the discussion with state and local law enforcement regarding community safety, traffic control and crowd control. The Wardens of ASPC-Florence and ASPC-Eyman or ASPC-Perryville and representatives from the Criminal Investigations Unit and K-9 will participate.

1.1.4.1    The Deputy Division Director for Offender Operations ensures staff from other law enforcement agencies who have not participated in practice sessions or who have not previously been involved are briefed and their responsibilities explained.

1.1.5    Confirms preventive maintenance in Housing Unit 9 occurs and that an equipment inventory is completed, and appropriate and timely action is taken.

1.1.6    Directs the initiation of the Continuous Observation Log commencing on the 35th day prior to the execution. The log shall follow the inmate from ASPC-Eyman or ASPC-Perryville to Housing Unit 9 at ASPC-Florence and be maintained until the execution occurs or a stay of execution is issued.

1.1.7    Activates the training schedule ensuring staff participating in the execution receives adequate training, written instruction and practice, all of which is documented.

1.2    The Division Director for Programs Services:

1.2.1    Directs Health Services staff to conduct a medical record files review to identify any prescribed medication(s) and dosages the inmate is currently or was recently taking. The Health Services Administrator shall modify prescribed medications as may be necessary.

1.2.2    Directs Health Services staff to dispense all inmate medications in unit doses and, when available in liquid form. No medication including over-the-counter medications shall be provided or maintained by the inmate as Keep-on-Person.

1.2.3    Continuously monitors for significant changes in the inmate’s medical or mental health and reports findings immediately to the General Counsel.

1.3    The Media and Public Relations Office:

1.3.1    Issues a news advisory announcing the date and time of the execution.

1.3.2    Forwards witness applications to the Division Director for Offender Operations for background investigation.

1.3.3    Raises and resolves any concerns involving the background checks with the Division Director for Offender Operations.

1.3.4    Finalizes a list of state, victim and inmate witnesses including pool reporters for the Director’s review and approval.

1.3.5    Sends witness agreement forms (Form 710-6 and as applicable, Form 710-7) to identified witnesses, and establishes a deadline for the return of all forms.

1.3.5.1    All witnesses shall sign and timely submit a State Witness Agreement, Form 710-6, prior to being cleared and added to the witness list.

1.3.5.2    All state witnesses who are also members of media/press and are selected to serve as pool reporters shall also sign and timely return the State Witness/Pool Reporter Agreement, Form 710-7.

1.3.6    Facilitates up to one non-contact interview with the inmate by phone, per day, with Arizona media from the day the Warrant is issued until the day before the sentence of death is imposed excluding weekends and state and federal holidays. The inmate and their attorney of record may select among these requests that are submitted to the Media and Public Relations Office and recommend the order in which they occur. The inmate may refuse any or all media requests for interviews.

1.4    The Office of Victim Services:

1.4.1    Identifies and advises victims of the crime for which the inmate has been sentenced to death of the issuance of the Warrant of Execution and the scheduled date and time of the execution.

1.4.2    Finalizes list of victims interested in witnessing the execution for the Media and Public Relations Office for presentation to the Director for review and approval.

710.06     TWENTY-ONE DAYS PRIOR TO THE EXECUTION

1.1    The Division Director for Offender Operations:

1.1.1    Continues to conduct tabletop and live exercises with the previously identified teams.

1.1.2    Takes steps to resolve outstanding equipment and inventory issues in Housing Unit 9.

1.1.3    Convenes a meeting with state and local law enforcement agencies to discuss any changes or modifications to crowd control, traffic control and community safety.

1.1.4    Conducts a walk through of the designated staging areas, identified road block locations and resolves logistical issues.

1.2    The Media and Public Relations Office:

1.2.1    Finalizes the media packet with the Director, prepares copies for distribution.

1.2.2    Addresses media specific inquiries.

1.2.3    Arranges telephone interviews up to one day prior to the execution as provided in 710.05 section 1.4.5 of this Department Order.

1.2.4    Notifies state witnesses of the status of their application to witness the execution. Applicants who are not selected or approved may be eligible to attend a future execution.

1.3    The Health Services Bureau Administrator:

1.3.1    Activates a team of health care providers to respond to staff medical issues.

1.3.2    Takes necessary steps to maintain the inmate’s health and well being.

1.3.2.1    Health care providers shall respond affirmatively to health care issues and emergencies including suicide gestures and attempts and will take reasonable steps to revive the inmate in distress at all times prior to the execution, unless the inmate the has a "do not resuscitate" request on file.

710.07    SEVEN DAYS PRIOR TO THE EXECUTION

1.1    The Division Director for Offender Operations:

1.1.1    Continues tabletop and live exercises.

1.1.2    Confirms preventive maintenance is current.

1.1.3    Confirms inventory of equipment and necessary supplies and ample backup material are on-site.

1.1.4    Confirms staffing levels for regular operations and the execution are appropriate.

1.1.5    Ensures local law enforcement agencies are fully briefed.

1.2    The Media and Public Relations Office:

1.2.1    Forwards final list of approved witnesses to the ASPC-Florence Warden.

1.2.2    Conducts a preliminary briefing to state witnesses who are media representatives serving as pool reporters as to their specific responsibilities.

1.3    The Health Services Bureau Administrator:

1.3.1    Ensures serviceability of all medical equipment including the two EKG machines and the availability of graph paper.

1.3.2    Ensures heart monitor lead lines are sufficient in length.

1.3.3    Ensures a mild sedative is available if necessary.

710.08    TWO DAYS PRIOR TO THE EXECUTION

1.1    The Division Director for Offender Operations:

1.1.1    Schedules and conducts on-site simulation exercises, modifying practices as warranted.

1.1.2    Confirms adequate staffing and vehicles are in place for regular operations and the execution.

1.2    The ASPC-Florence Warden:

1.2.1    Confirms staff assigned to the Maintenance Response Team (MRT) is scheduled and will be on-site at eight hours prior to the time scheduled for the imposition of sentence.

1.2.2    Restricts access to Housing Unit 9 to those with expressly assigned duties.

1.2.3    Readies Housing Unit 9 for the transfer of the inmate.

1.2.4    Verifies execution inventory and equipment checks are completed and open issues resolved.

710.09     TWENTY-FOUR HOURS PRIOR TO THE EXECUTION

1.1    On-site simulation exercises continue.

1.2    Final preparation of Housing Unit 9 is completed. Each room receives final evaluation specific to its functions including security, climate control, lighting, sound and sanitation. Witness separation screens are put in place. Appropriate restraints are at the ready.

1.3    Detailed staff briefings are provided.

1.4    CIRT is activated statewide and is on-site at ASPC-Eyman or ASPC-Perryville and ASPC-Florence.

1.5    The ASPC-Eyman or ASPC-Perryville Warden shall ensure the inmate receives the last meal by 1900 hours. Every reasonable effort to accommodate the last meal request will have been made. All eating utensils and remaining food and beverage will be removed upon completion of the meal.

1.6    The ASPC-Eyman or ASPC-Perryville Warden shall ensure non-contact visits and phone calls are concluded by 2100 hours.

1.6.1    The inmate's telephone privileges will be terminated at 2100 hours the day prior to the execution, excluding calls from the inmate's Attorney of Record and others as approved by the Division Director for Offender Operations.

1.6.2    The inmate's visitation privileges will be terminated at 2100 hours the day prior to the execution, excluding non-contact visits with the inmate's Attorney of Record and facility chaplain as approved by the Division Director for Offender Operations.

1.7    The inmate is prepared for transfer to Housing Unit 9 by the prescribed means.

710.10     TWELVE HOURS PRIOR TO THE EXECUTION

1.1    Restricting Access to Institution Property During the final twelve hours prior to the execution, access to ASPC-Eyman or ASPC-Perryville and ASPC-Florence is limited to:

1.1.1    On-duty personnel

1.1.2    On-duty contract workers

1.1.3    Volunteers deemed necessary by the Wardens

1.1.4    Approved delivery vehicles

1.1.5    Law enforcement personnel on business-related matters

1.1.6    Restrictions to these facilities will remain in effect until normal operations resume after the execution or a stay of execution is issued.

1.2    Transfer of the inmate from SMU II or Lumley Unit to Housing Unit 9

1.2.1    The inmate will be secured and transferred by the Pre/Post Execution Restraint Team per the prescribed means the night before the execution.

1.2.2    Housing Unit 9 staff will take custody of the inmate and the Observation Log. Staff will assume maintenance of the log until the execution is completed or a stay of execution is issued.

1.2.3    Upon the inmate’s arrival and no later than 2300 hours the night before the execution, the inmate may be offered a mild sedative.

1.2.4    No later than five hours prior to the execution, the inmate shall be offered a light meal. All eating utensils and remaining food will be removed upon completion of the meal.

1.2.5    No later than four hours prior to the execution, the inmate may be offered a mild sedative.

1.3    Housing Unit 9 Conditions of Confinement

1.3.1    The inmate shall remain on Continuous Watch. Staff shall record observations and make entries in the Observation Record during the final four hours in hours, minutes and seconds.

1.3.2    The inmate shall be issued one pair each of pants, boxer shorts and socks, and a shirt on the morning of the execution.

1.3.3    The cell will be furnished with a mattress, pillow and pillowcase, one each top and bottom sheet, a blanket, a washcloth and towel, and toilet paper. A fixed, department-issued television set will be provided.

1.3.4    The inmate may have a pencil and paper, religious items, a book or periodical and indigent-sized hygiene supplies (liquid soap, toothpaste) and a toothbrush and comb. These items may be made available only for the duration of the use and shall be removed immediately thereafter.

1.4    Population Management ASPC-Eyman or ASPC-Perryville and ASPC-Florence will go on lockdown status no later than six hours prior to the time the execution is scheduled to occur at the direction of Command. They will remain on lock down throughout the execution. After the conclusion of the execution, the prisons will return to regular operations at the direction of Command.

1.5    Additional Operations Requirements

1.5.1    Witness Escort Teams will process, transport and remain with pre-approved state witnesses, inmate witnesses and victim(s) witnesses through the conclusion of the execution and their return to designated staging areas per prescribed means.

1.5.1.1    Teams will ensure that each witness group is separated from the other witness groups at all times.

1.5.1.2    The Director or designee shall provide a brief overview of the execution for the state witnesses. The Director may advise witnesses that the curtains in the execution chamber may be drawn prior to the conclusion of the execution if necessary and then reopened when the execution resumes and that a medical team member may enter into the chamber and physically manipulate the inmate to check consciousness.

1.5.2    Upon the direction of the Director to proceed:

1.5.2.1    The APSC-Florence Warden shall direct the Pre/Post Execution Restraint Team to prepare the inmate for escort into the execution chamber.

1.5.2.2    The inmate may be permitted to bring one pre-approved religious item with them into the execution chamber.

1.5.2.3    Prior to moving the inmate from the holding cell to the execution table, the Department Director will confer with the Attorney General or designee and the Governor or designee to confirm there is no legal impediment to proceeding with the lawful execution.

1.5.2.4    When the inmate is secured on the execution table by the team and readied by qualified medical personnel, the Warden will advise the Director.

1.5.2.5    The Director will reconfirm with the Attorney General or designee and the Governor or designee that there is no legal impediment to proceeding. Upon oral confirmation that there is no legal impediment to proceeding with the execution, the Director may order the administration of the chemicals to begin.

1.5.2.5.1    If there is a legal impediment the Director will instruct the ASPC-Florence Warden to stop, and to notify the inmate and witnesses that the execution has been stayed or delayed. The Warden will also notify Media and Public Relations staff who will advise the media in the Press Room.

1.5.2.6    The Warden will read aloud a summary of the Warrant of Execution. The Warden will ask the inmate if he wishes to make a last statement and provides a brief opportunity for him to do so.

1.5.2.7    The Director will instruct the disbursement of chemicals to begin by the prescribed means.

1.5.3    Determination and Documentation of Death

1.5.3.1    The Warden will announce death when it has occurred.

1.5.3.2    The ASPC-Florence Warden will complete and sign the return of the Death Warrant pursuant to A.R.S. 13-706. The Director will file the document with the sentencing court and the Arizona Supreme Court within 48 hours.

1.5.3.3    The Pinal County Medical Examiner will take custody of the body and issue a Certificate of Death.

1.6    Stay of Execution - Upon receipt of notification that the court has issued a Stay of Execution, the Director will advise Command.

1.7    Upon receipt of notification, Command will do the following:

1.7.1    Instruct the Special Operations to stand down.

1.7.2    Advise Housing Unit 9 Team Leader that a Stay of Execution has been issued.

1.7.3    Direct the Special Operations Team to remove the inmate from the chamber and return to the Housing Unit 9 cell, pending movement back to Death Row at SMU II or Lumley Unit as authorized by Command.

1.7.4    Advise the witnesses that a Stay of Execution has been issued.

1.7.5    Advise Command that a Stay of Execution has been issued.
1.7.5.1    Command shall inform the following teams of the Stay of Execution:
1.7.5.1.1    Traffic Control Team Leader

1.7.5.1.2    Population Assessment

1.7.5.1.3    Critical Incident Response Team Leader

1.7.5.1.4    Media Relations Director

1.7.5.1.5    Victim Services Team Leader

1.7.5.1.6    Escort team leader

1.7.6    Traffic Control Team Leader will notify protestors of the issuance of the Stay of Execution.

1.7.7    Escort Team shall commence escorting witness groups from Housing Unit 9 as set forth herein.

1.7.8    Upon Command’s instruction, the inmate will be transported from Housing Unit 9 back to Death Row at SMU II or Lumley Unit and their personal possessions returned.
710.11    POST-EXECUTION

1.1    Removing Witnesses from Housing Unit 9

1.1.1    After the pronouncement of death, witnesses will be escorted in the prescribed order from the facility.
1.1.1.1    Each group of witnesses will continue to be kept separated from the other groups at all times.

1.1.1.2    State witnesses who are media pool reporters will return to the Press Room to participate in the media briefing.

1.1.1.3    Victim witnesses speaking with the media will be escorted to the Press Room.

1.1.2    Media may remain on site in a designated location outside the secure perimeter for a limited time to complete live broadcasts.

1.2    Site Clean Up

1.2.1    Under the supervision of a person designated by the ASPC-Florence Warden, Housing Unit 9 will be cleaned and secured.

1.2.2    Institutional staff trained in infectious diseases preventive practices will utilize appropriate precautions in cleaning Housing Unit 9.

1.3    Command will determine when the prisons resume normal operations after receiving assessments from the Wardens of ASPC-Florence and ASPC-Eyman or ASPC-Perryville.

1.3.1    Department personnel will be deactivated at the direction of Command.

1.4    No later than seven days after the execution, the Division Director for Offender Operations will meet with Command Center staff and execution team leaders to evaluate operations, identify opportunities to revise and improve written instruction, then brief the Director.

710.12     PROCEDURES FOR NEWS MEDIA

1.1    Reasonable efforts will be made to accommodate representatives of the news media before, during and after a scheduled execution however; the Department reserves the right to regulate media access to ensure the orderly and safe operations of its prisons.

1.2    The Media and Public Relations Office will coordinate the release of information to news media outlets. All Department and contract staff are expressly prohibited from providing information not readily available in the public domain.

1.3    Update Prior to the Execution - Following activation of the Press Room, the Media Relations Director and the Media and Public Relations Officer will provide the news media with regular briefings or updates.

1.4    Media Orientation and Releases - The Media Relations Director will provide general information regarding the execution and about the inmate.

1.4.1    Media Representatives will be informed how the press pool will be established and advised that if they are selected as press pool witnesses, they will be required to complete and sign Media Witness Press Pool Agreement, Form 710-7, in addition the State Witness Agreement, form 710-6, prior to the execution.

1.4.2    Media Representatives will return to the Press Room after the execution to answer questions of all other media representatives concerning their observations during the execution, prior to filing or reporting their story.

1.5    Press Room Operations

1.5.1    Media representatives requesting to witness an execution must submit written requests to the Media and Public Relations Office no later than 28 days prior to the execution. Each request must include the name, social security number and birth date of media requesting access. Only those news organizations that have submitted written requests within the stated time frame will be considered.

1.5.2    The Media and Public Relations Office shall finalize recommendations for selected media to perform state witness/pool reporter functions 15 days prior to the execution.

1.6    Briefing Packets and Updates

1.6.1    The Media Relations Office will provide press briefing packets for reporters.

1.6.2    A brief summary of inmate’s activities during the final twenty-four hours, activities related to the execution and sequence of events, may be provided.

1.7    News Media Selection

1.7.1    No more than five members of the Arizona media may be selected to witness the execution as state witnesses. Selected media will perform the additional duties of pool reporter:

1.7.1.1    Associated Press

1.7.1.2    Radio

1.7.1.3    Print

1.7.1.4    Television/Cable and

1.7.1.5    Local media representative in the market where the crime was committed.

1.7.1.6    Media is held to the same standards for conduct as are all other state witnesses.

1.7.1.7    Command may exclude any media witness at any time if the media witness fails to abide by the provisions of the State Witness and Pool Reporter Agreements (Forms 710-6 and 710-7).

1.7.2    Media witnesses are not permitted to bring unauthorized items onto the bus and into Housing Unit 9. Unauthorized items include:

1.7.2.1    Electronic or mechanical recording devices

1.7.2.2    Still, moving picture or video tape camera

1.7.2.3    Tape recorders or similar devices

1.7.2.4    Radio/television broadcasting devices

1.7.3    Each pool reporter will be provided a tablet of paper and a pencil to take notes from the time they complete security screening and board the bus until they are returned to the Press Room after the conclusion of the execution.

1.7.4    State witnesses who are pool reporters shall attend a pre-execution briefing.

1.7.5    Media witness will not be permitted to have contact with any other witnesses and they may not engage Department staff in conversation on any subject including the execution.

IMPLEMENTATION

Within 90 days of the effective date of this Department Order, the Division Director for Offender Operations shall update and maintain a restricted technical manual including:

The ASPC-Florence and ASPC-Perryville Wardens shall maintain Post Order #015, Death Watch Security Officer, delineating post-specific responsibilities. The ASPC-Florence Warden shall also maintain Post Order #015-A01, Housing Unit-9 Security Watch.

DORA SCHRIRO

DIRECTOR

 

ATTACHMENTS

Attachment A - Letter of Notification - Supreme Court - RESTRICTED

Attachment B - Letter of Notification - Superior Court - RESTRICTED

Attachment C - Letter of Invitation to Witness an Execution - RESTRICTED

Attachment D - Command - RESTRICTED

Attachment E - Critical Incident Response Team (CIRT) - RESTRICTED

Attachment F - Preparation and Administration of Chemicals - RESTRICTED

Attachment G - Execution Restraint Team - RESTRICTED

Attachment H - Housing Unit 9 Team Leader - RESTRICTED

Attachment I - Inmate Preparation - RESTRICTED

Attachment J - Independent Medical Consultant - RESTRICTED

Attachment K - Population Assessment - RESTRICTED

Attachment L - Special Operations Team Leader - RESTRICTED

Attachment M - Tactical Support Unit (TSU) - RESTRICTED

Attachment N - Team Leader for all Traffic Control Functions - RESTRICTED

Attachment O - Transportation Team Leader - RESTRICTED

Attachment P - Witness Escort Team Leader - RESTRICTED

FORMS LIST

710-1, Method of Execution

710-2, Inmate Witness Information

710-3, Disposition of Remains

710-4, Authorized Witnesses for Execution Log (A, B and C)

710-5, Last Meal Request

710-6, State Witness Agreement

710-7, State Witness / Pool Reporter Agreement

AUTHORITY

A.R.S. 13-704, Methods of Infliction of Sentence of Death

A.R.S. 13-705, Persons Present at Execution of Sentence of Death; Limitations

A.R.S. 13-706, Return Upon Death Warrant

A.R.S. 13-4021 through 13-4026, Insanity or Pregnancy of Persons under Death Sentence