77-19-203. Petition for inquiry as to competency to be executed -- Filing -- Contents.

333 words·~2 min read·/ut/title-77/chapter-19/77-19-203

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

Effective 5/6/2026

(1)If an inmate who has been sentenced to death is or becomes incompetent to be executed, a petition under Subsection

(2)may be filed in the district court of the county where the inmate is confined.

(2)The petition shall:

(a)contain a certificate stating that it is filed in good faith and on reasonable grounds to believe the inmate is incompetent to be executed; and

(b)contain a specific recital of the facts, observations, and conversations with the inmate that give rise to the belief that the inmate may not be competent to be executed.

(3)The petition may be:

(a)based upon knowledge or information and belief; and

(b)filed by the inmate alleged to be incompetent, legal counsel for the inmate, or by an attorney representing the state.

(a)A petition for an examination of the inmate that is filed fewer than 21 days before the day on which the inmate is scheduled to be executed is untimely.

(b)A court may not consider a petition that is untimely under Subsection (4)(a) unless the petition is accompanied by:

(i)at least one affidavit from a licensed physician or licensed psychologist who has examined the inmate and determined that, in the physician's or psychologist's opinion, the inmate is not competent to proceed; and

(ii)a statement that establishes good cause for the failure to file a petition for examination in a timely manner.

(5)Before ruling on a petition filed by an inmate or the inmate's counsel alleging that the inmate is incompetent to be executed, the court shall give the state and the Department of Corrections an opportunity to respond to the allegations of incompetency.

(6)The court shall prioritize any proceeding regarding the examination of the inmate for competency to be executed so that the proceeding is completed before the scheduled execution date.

Amended by Chapter 345 , 2026 General Session