77-19-202. Notification of pregnancy or incompetency of inmate sentenced to death.

215 words·~1 min read·/ut/title-77/chapter-19/77-19-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section, "executive director" means the executive director, or the executive director's designee, of the Department of Corrections.

(2)The executive director shall immediately give written notice to the sentencing court, the prosecuting attorney, the attorney general, and defense counsel for an inmate if:

(a)the inmate has been sentenced to death;

(b)all state and federal appeals or review attacking the sentence have been exhausted;

(c)an active warrant for execution has been signed and an execution date has been set as described in Sections 77-19-6 and 77-19-9 ; and

(d)the executive director has good reason to believe that:

(i)the inmate is pregnant; or

(ii)the inmate's competency to be executed under this chapter should be addressed by the sentencing court.

(3)If the sentencing court receives a notice under Subsection

(2)that there is good reason for the sentencing court to address an inmate's competency to be executed, the sentencing court shall order that the mental condition of the inmate be examined under the provisions of Section 77-19-204 , including holding a hearing at which the state and the inmate may appear as parties.

Repealed and Re-enacted by Chapter 345 , 2026 General Session