State Opens Comment Period on Lethal Injection Procedures
Two-month period will be used to gather views on the execution process as a step toward resuming the death penalty
by Carol J. Williams, LA Times, May 2, 2009
State officials launched a two-month forum Friday for public comment on revised lethal injection procedures in a step toward resuming executions as early as next year.
But the California Department of Corrections and Rehabilitation warned in posting the new protocols that it will weigh comments only on the execution process, not on the legality or morality of the death penalty. (pdf)
Full article
JUNE 30, 2009, Sacramento, 9:00am to 3:00pm
DAY OF ACTION TO END THE DEATH PENALTY
A public hearing will be held to receive comments about the proposed regulations concerning the lethal injection process in California. After the hearing, we will proceed to the Capitol to share our views with elected officials. At Department of Health Services, The Auditorium, 1500 Capitol Avenue, More info: stefanie@deathpenalty.org
PLEASE NOTE: Any person may submit public comments in writing (by mail, fax or e-mail) regarding the proposed changes and to be considered, all comments must be received by close of comment period. The comment period will close June 30 p.m. at 5:00 p.m. Comments must be submitted to the CDCR, Regulation and Policy Management Branch by mail at P.O. Box 942883, Sacramento, CA 94283-0001; by fax at (916) 255-5601; or by e-mail at RPMB@cdcr.ca.gov.
Tips for Commenting
Please know that the CDCR will weigh comments only on the execution process, NOT on the legality or morality of the death penalty.
Make your letter as long as you want, and to include as much information as you want about yourself and your perspective on the death penalty. Include at least one comment that is specific to the proposed regulations (see “Primary Issues of Concern below).
Letters should say that they are regarding the proposed Amendments to Title 15, Article 7.5, Section 3349. Include your name and address in your letter.
Primary Issues of Concern:
I. Fiscal Impact of the Proposed Regulations
The CDCR is required to make an assessment of the fiscal impact of the proposed regulations. The CDCR has declared that the proposed regulations have no fiscal impact at all. This is incorrect. The public has a right to know exactly how much it will cost taxpayers to carry out executions using lethal injection at San Quentin prison, as proposed in the regulations.
II. Media Access and the Public's Right to Know
If the state of California kills prisoners in the name of the people, then the people have a right to know the truth about the process. The First Amendment protects the right of the media to witness the execution and to access information about the process. The proposed regulations unduly limit the media's access to information, and therefore the public's right to know.
III. Religious Freedom and Rights
The Constitution, human rights norms, and basic human decency require that before the state takes a person's life, he or she should be provided with full access to and support of appropriate religious advisors. The proposed regulations unduly interfere with the religious rights of the person to be executed and fail to guarantee all necessary religious freedoms.
a. The State Chaplain Cannot be Asked to Disclose Private Communications
The proposed regulations require the State Chaplain to report to the Warden the contents of private conversations with the person to be executed (3349.3.1(e), 3349.3.3(f)). This is an unnecessary violation of the clergy penitent relationship, is contrary to the ethical obligations of clergy, and may violate state law.
b. Accommodation Must be Made for End of Life Rituals
The proposed regulations make no accommodation for end of life rituals such as sweat lodges (3349.3.4(e)). The regulations are silent as to how such requests will be handled. The CDCR previously denied at least one Native American's request to have a sweat lodge prior to execution. The regulations should include a process for requesting and accommodating such rituals.
c. All Spiritual Advisors Should be Allowed Cell Front Visiting
The proposed regulations only permit the State Chaplains to visit the person to be executed in front of his cell to conduct necessary religious rituals (3349.3.4(e), 3349.4.2(b)). All other spiritual advisors are limited to visiting in the common visiting area, a space that may be inappropriate for some rituals such as confessions. All spiritual advisors should be allowed equal access to cell front visiting.
d. A Spiritual Advisor Should be Permitted in the Execution Chamber
The proposed regulations limit the spiritual advisors to visiting in the holding area next to the execution chamber, and do not permit the advisor to accompany the person to be executed into the chamber (3349.3.4(e)(3)). Under the proposed regulations, other individuals are stationed in the chamber, particularly a non guard execution team member (3349.4.5(e)(8)) and the Warden (3349.4.5(f)(1)). Texas has long permitted the spiritual advisor to enter the execution chamber and to touch the person during the execution. There is no legitimate reason to exclude the spiritual advisor from the execution chamber or prohibit physical contact with the person being executed.
IV. Treatment of the Person to be Executed and Their Family
Many aspects of the proposed regulations are unnecessarily dehumanizing and burdensome to the person to be executed and his family. Undoubtedly, the state's actions in carrying out the execution will always be hurtful to these individuals. But the proposed regulations impose many unnecessary burdens and restrictions that only serve to isolate and intimidate the person to be executed and his family.
V. Denial of Legal Rights
The proposed regulations fail to protect the legal rights of the person to be executed, particularly the rights of individuals with mental or physical disabilities. Further, the regulations ignore the rights of surviving family members to review and potentially contest the manner in which the execution was conducted.
For more detail on any of these sections, please request a 10-page analysis by emailing stefanie@deathpenalty.org.
See CDCR's proposed regulations (43 pages) and supporting material