Administrative Code Provisions | Idaho Admin. Code r. 06.01.01.135 | 2018
01. Personnel Assigned to Execution. Idaho Maximum Security Institution (IMSI) personnel and the Department's administrative team will carry out the execution warrant. The IMSI facility head (or designee) shall be the official executioner. Effective Date (1-11-12)
02. Method of Execution. Execution of the sentence of death shall be by lethal injection. Effective Date (1-11-12)
03. News Media Coordination. Department personnel will coordinate news media activity and provide logistics and communications support. A news media center shall be established. The pre-execution briefing will be delivered in the news media center. The post-execution briefing will occur in the news media center. News media witnesses will be chosen pursuant to Department procedure. Effective Date (1-11-12)
04. Public Information Officer to Handle News Media Requests. The director (or designee) will designate a public information officer to deal with execution-related news media requests and releases of information. Effective Date (1-11-12)
05. Parking and Demonstration Areas Provided. Areas for public and news media parking will be provided and maintained in a secure manner. Areas for public gathering and demonstration of support or opposition to the death penalty will be provided and maintained in a secure manner. Effective Date (1-11-12)
06. Non-Disclosure. The Department will not disclose (under any circumstance) the identity of the on- site physician; or staff, contractors, consultants, or volunteers serving on escort or medical teams; nor will the Department disclose any other information wherein the disclosure of such information could jeopardize the Department's ability to carry out an execution. Effective Date (1-11-12)
07. Persons Allowed in the Execution Unit. The director (or designee) shall have the discretion to determine the number of persons allowed in the execution unit at any time. In exercising this discretion, the director (or designee) shall consider the safe, secure, and orderly operation of the Idaho Maximum Security Institution (IMSI); the interests of the victim's family; and whether multiple death warrants are being executed concurrently. The configuration of the execution unit and the occupants of each room will be in accordance with Department standard operating procedure. Effective Date (1-11-12)
a. In most instances, the following persons should be allowed in the execution unit: Effective Date (1-11-12)
i. The administrative team; Effective Date (1-11-12)
ii. The escort team; Effective Date (1-11-12)
iii. The medical team as identified by the Department's administrative team; Effective Date (1-11-12)
iv. The on-site physician; Effective Date (1-11-12)
v. The director (or designee); Effective Date (11-4-11)
vi. An Idaho Board of Correction representative; Effective Date (1-11-12)
vii. The chief of the Operations Division (or designee); Effective Date (11-4-11)
viii. The IMSI facility head (or designee); and Effective Date (1-11-12)
ix. The following witnesses: Effective Date (1-11-12)
(1) The Ada County coroner (or deputy coroner); Effective Date (1-11-12)
(2) The sheriff from the county of conviction; Effective Date (11-5-99)
(3) The prosecuting attorney from the county of conviction; Effective Date (11-5-99)
(4) A spiritual advisor of the offender's choosing; Effective Date (1-11-12)
(5) The sentencing judge; Effective Date (11-5-99)
(6) The Idaho governor (or his representative); Effective Date (1-11-12)
(7) The Idaho attorney general (or his representative); Effective Date (1-11-12)
(8) Two (2) members of the victim's family; Effective Date (11-4-11)
(9) Two (2) friends (approved visitors) or members of the offender's family; Effective Date (1-11-12)
(10) The offender's attorney of record; and Effective Date (1-11-12)
(11) Four (4) members of the news media pursuant to Subsection 135.03 of these rules. Effective Date (1-11-12)
b. In the event that any of the persons (to include their designee or representative) identified in Subsection 135.07.a. of these rules do not wish to attend the execution, the director (or designee) may approve another individual to attend in that person's place. Effective Date (1-11-12)