77-19 - The Execution
Title 77 > 77-19
Sections (18)
Judgment Provisions
77-19-1 - Judgment for fine or costs — Enforcement.
If the judgment is for a fine or costs when allowed by statute and the fine is not paid as ordered by the court, execution or garnishment may be issued as on a judgment in a civil action. The prosecuting attorney, upon written request of the court clerk, shall effectuate collection through execution or garnishment when the fine or costs have not been paid as ordered by the court.
Enacted by Chapter 15, 1980 General Session
77-19-2 - Judgment of imprisonment — Commitment.
If the judgment is for imprisonment, the sheriff of the county or other appropriate custodial officer designated by the court shall, upon receipt of a certified copy of the judgment, deliver the defendant to the warden of the state prison or keeper of the jail. Such custodial officer shall also deliver a certified copy of the judgment and take a receipt from the warden or keeper of the jail for the defendant and return it to the court.
Enacted by Chapter 15, 1980 General Session
77-19-3 - Special release from city or county jail — Purposes.
(1) Any person incarcerated in any city or county jail may, in accordance with the release policy of the facility, be released from jail during those hours which are reasonable and necessary to accomplish any of the purposes under Subsection (2) if: the offense is not one for which release is prohibited under state law; andthe judge has not entered an order prohibiting a special release.
(2) The custodial authority at the jail may release an inmate who qualifies under Subsection (1) for: working at his employment;seeking employment;attending an educational institution;obtaining necessary medical treatment; orany other reasonable purpose as determined by the custodial authority of the jail.
Amended by Chapter 148, 2007 General Session
77-19-4 - Special release from city or county jail — Conditions and limitations.
(1) All released prisoners under Section 77-19-3 are in the custody of the custodial authority and are subject at any time to being returned to jail, for good cause.
(2) The judge may order that the prisoner: pay money earned from employment during the jail term to those persons he is legally responsible to support; orretain sufficient money to pay his costs of transportation, meals, and other incidental and necessary expenses related to his special release.
(3) The custodial authority of the jail shall establish all other conditions of special release.
(4) During all hours when the prisoner is not serving the function for which he is awarded release time, he shall be confined to jail.
(5) The prisoner shall obtain his own transportation to and from the place where he performs the function for which he is released.
Amended by Chapter 148, 2007 General Session
77-19-5 - Special release from city or county jail — Revocation.
The judge may, for good cause, revoke any release time previously awarded, and shall notify the prisoner that, if the prisoner makes written request, a hearing shall be afforded to the prisoner to challenge the revocation.
Amended by Chapter 302, 2025 General Session
77-19-6 - Judgment of death — Warrant — Delivery of warrant — Determination of execution time.
(1) When judgment of death is rendered, a warrant, signed by the judge and attested by the clerk under the seal of the court, shall be drawn and delivered to the sheriff of the county where the conviction is had.The sheriff shall deliver the warrant and a certified copy of the judgment to the executive director of the Department of Corrections or the executive director’s designee at the time of delivering the defendant to the custody of the Department of Corrections.
(2) The warrant shall state the conviction, the judgment, the method of execution, and the appointed day the judgment is to be executed, which may not be fewer than 30 days nor more than 60 days from the date of issuance of the warrant, and may not be a Sunday, Monday, or a legal holiday, as defined in Section 63G-1-301.
(3) The Department of Corrections shall determine the hour, within the appointed day, at which the judgment is to be executed.
Amended by Chapter 382, 2008 General Session
77-19-7 - Judgment of death — Statement to Board of Pardons and Parole.
The judge of a court where a judgment of death was had shall, immediately after the conviction, transmit to the chair of the Board of Pardons and Parole a statement of the conviction and judgment and a summary of the evidence given at trial.
Amended by Chapter 13, 1994 General Session
77-19-8 - Judgment of death, when suspended, and by whom.
(1) Except as stated in Subsection (2), a judge, tribunal, or officer, other than the governor or the Board of Pardons and Parole, may not stay or suspend the execution of a judgment of death.
(2) A court of competent jurisdiction shall issue a temporary stay of judgment of death when:the judgment is appealed;the judgment is automatically reviewed;the person sentenced to death files a first petition for postconviction relief after the direct appeal under Title 78B, Chapter 9, Postconviction Remedies Act;the person sentenced to death requests counsel under Subsection 78B-9-202(2)(a) to represent the person in a first action for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act; orcounsel enters an appearance to represent the person sentenced to death in a first action for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act.A court may not issue a temporary stay of judgment of death when the person sentenced to death files a petition for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, after a first petition has been denied or dismissed, unless the court first finds all of the following:the claims would not be barred under Section 78B-9-106;the claims are potentially meritorious; andthe petition may not be reasonably disposed of before the execution date.The executive director of the Department of Corrections or a designee under Section 77-19-202 may temporarily suspend the execution if the person sentenced to death appears to be incompetent or pregnant.A temporary suspension under Subsection (2)(c)(i) shall end if the person is determined to be: competent;not pregnant; orno longer incompetent or pregnant.
(3) The court must vacate a stay issued pursuant to Subsection (2)(a) when the appeal, automatic review, or action under Title 78B, Chapter 9, Postconviction Remedies Act is concluded.A request for counsel under Section 78B-9-202 does not constitute an application for postconviction or other collateral review and does not toll the statute of limitations under Section 78B-9-107.
Amended by Chapter 165, 2011 General Session
77-19-9 - Judgment of death not executed — Order for execution.
(1) If for any reason a judgment of death has not been executed and remains in force, the court where the conviction was had, on application of the prosecuting attorney, shall order the defendant to be brought before it or, if the defendant is at large, issue a warrant for the defendant’s apprehension.
(2) When the defendant is brought before the court, it shall inquire into the facts and, if no legal reason exists against the execution of judgment, the court shall make an order requiring the executive director of the Department of Corrections or the executive director’s designee to ensure that the judgment is executed on a specified day, which may not be fewer than 30 nor more than 60 days after the court’s order, and may not be a Sunday, Monday, or a legal holiday, as defined in Section 63G-1-301. The court shall also draw and have delivered another warrant under Section 77-19-6.
(3) The Department of Corrections shall determine the hour, within the appointed day, at which the judgment is to be executed.
Amended by Chapter 382, 2008 General Session
77-19-10 - Judgment of death — Location and procedures for execution.
(1) The executive director of the Department of Corrections or a designee shall ensure that the method of judgment of death specified in the warrant or as required under Section 77-18-113 is carried out at a secure correctional facility operated by the department and at an hour determined by the department on the date specified in the warrant.
(2) When the judgment of death is to be carried out by lethal intravenous injection, the executive director of the department or a designee shall select two or more persons trained in accordance with accepted medical practices to administer intravenous injections, who shall each administer a continuous intravenous injection, consisting of one or more substances of a type and amount that is sufficiently effective to cause death without a substantial risk of severe pain.
(3) If the judgment of death is to be carried out by firing squad under Subsection 77-18-113(2), (3), or (4) the executive director of the department or a designee shall select a five-person firing squad of peace officers.
(4) Compensation for persons administering intravenous injections and for members of a firing squad under Subsection 77-18-113(2), (3), or (4) shall be in an amount determined by the director of the Division of Finance.
(5) Death under this section shall be certified by a physician.
(6) The department shall adopt and enforce rules governing procedures for the execution of judgments of death.
Amended by Chapter 299, 2025 General Session
77-19-11 - Who may be present — Photographic and recording equipment.
(1) As used in this section:“Close relative of the deceased victim” means:the spouse of the victim;a parent or stepparent of the victim;a brother, sister, stepbrother, stepsister, child, or stepchild of the victim; andany person who had a close relationship with the deceased victim, or with a close relative of the victim, upon the recommendation of the victim assistance coordinator for the Department of Corrections or for the Office of the Attorney General.”Director” means the executive director of the Department of Corrections, or the director’s designee.
(2) At the discretion of the director, the following persons may attend the execution:the prosecuting attorney, or a designated deputy, of the county in which the defendant committed the offense for which the defendant is being executed;no more than two law enforcement officials from the county in which the defendant committed the offense for which the defendant is being executed;the attorney general or a designee;religious representatives, friends, or relatives designated by the defendant, not exceeding a total of five persons; andunless approved by the director, no more than five close relatives of the deceased victim, as selected by the director, but giving priority in the order listed in Subsection (1)(a).
(3) The persons listed in Subsection (2) may not be required to attend, nor may any of them attend as a matter of right.
(4) The director shall permit the attendance at the execution of members of the press and broadcast news media:as named by the director in accordance with rules of the department; andwith the agreement of the selected news media members that they serve as a pool for other members of the news media.
(5) Except as provided in Subsection (5)(b), photographic or recording equipment is not permitted at the execution site until the execution is completed, the body is removed, and the site has been restored to an orderly condition. However, the physical arrangements for the execution may not be disturbed.Audio recording equipment may be used by the department for the purpose of recording the defendant’s last words.The department shall permanently destroy the recording made under Subsection (5)(b) not later than 24 hours after the completion of the execution.A violation of this subsection is a class B misdemeanor.
(6) All persons in attendance are subject to reasonable search as a condition of attendance.
(7) The following persons may also attend the execution:staff as determined by the director; andno more than three correctional officials from other states that are preparing for executions, but no more than two correctional officials may be from any one state, as designated by the director.A person younger than 18 years old may not attend.
(8) The department shall adopt rules governing the attendance of persons, including the number of media representatives, at the execution. These rules shall be in accordance with this section.
Amended by Chapter 302, 2025 General Session
77-19-12 - Return upon death warrant.
After the execution, the executive director of the Department of Corrections or the executive director’s designee shall make a return upon the death warrant, showing the time, place, and manner in which it was executed.
Amended by Chapter 302, 2025 General Session
Competency for Execution
77-19-201 - Definition.
As used in this part, “incompetent to be executed” means that, due to mental condition, an inmate is unaware of either the punishment he is about to suffer or why he is to suffer it.
Amended by Chapter 71, 2005 General Session
77-19-202 - Incompetency or pregnancy of person sentenced to death — Procedures.
(1) If, after judgment of death, the executive director of the Department of Corrections has good reason to believe that an inmate sentenced to death is pregnant, or has good reason to believe that an inmate’s competency to be executed under this chapter should be addressed by a court, the executive director of the Department of Corrections or the executive director’s designee shall immediately give written notice to the court in which the judgment of death was rendered, to the prosecuting attorney, and counsel for the inmate. The judgment shall be stayed pending further order of the court.
(2) On receipt of the notice under Subsection (1) of good reason for the court to address an inmate’s competency to be executed, the court shall order that the mental condition of the inmate shall be examined under the provisions of Section 77-19-204.If the inmate is found incompetent, the court shall immediately transmit a certificate of the findings to the Board of Pardons and Parole and continue the stay of execution pending further order of the court.If the inmate is subsequently found competent at any time, the judge shall immediately transmit a certificate of the findings to the Board of Pardons and Parole, and shall draw and have delivered another warrant under Section 77-19-6, together with a copy of the certificate of the findings. The warrant shall state an appointed day on which the judgment is to be executed, which may not be fewer than 30 nor more than 60 days from the date of the drawing of the warrant, and which may not be a Sunday, Monday, or a legal holiday, as defined in Section 63G-1-301.
(3) If the court finds the inmate is pregnant, it shall immediately transmit a certificate of the finding to the Board of Pardons and Parole and to the executive director of the Department of Corrections or the executive director’s designee, and the court shall issue an order staying the execution of the judgment of death during the pregnancy.When the court determines the inmate is no longer pregnant, it shall immediately transmit a certificate of the finding to the Board of Pardons and Parole and draw and have delivered another warrant under Section 77-19-6, with a copy of the certificate of the finding. The warrant shall state an appointed day on which the judgment is to be executed, which may not be fewer than 30 nor more than 60 days from the date of the drawing of the warrant, and which may not be a Sunday, Monday, or a legal holiday, as defined in Section 63G-1-301.
(4) The Department of Corrections shall determine the hour, within the appointed day, at which the judgment is to be executed.
Amended by Chapter 382, 2008 General Session
77-19-203 - Petition for inquiry as to competency to be executed — Filing — Contents — Successive petitions.
(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:contain a certificate stating that it is filed in good faith and on reasonable grounds to believe the inmate is incompetent to be executed; andcontain a specific recital of the facts, observations, and conversations with the inmate that form the basis for the petition.
(3) The petition may be based upon knowledge or information and belief and may be filed by the inmate alleged to be incompetent, legal counsel for the inmate, or by an attorney representing the state.
(4) Before ruling on a petition filed by an inmate or his 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.
(5) If a petition is filed after an inmate has previously been found competent under either this chapter or under Chapter 15, Defendant’s Competency to Proceed, no further hearing on competency may be granted unless the successive petition:alleges with specificity a substantial change of circumstances subsequent to the previous determination of competency; andis sufficient to raise a significant question about the inmate’s competency to be executed.
Amended by Chapter 46, 2025 General Session
77-19-204 - Order for hearing — Examinations of inmate — Scope of examination and report.
(1) When a court has good reason to believe an inmate sentenced to death is incompetent to be executed, it shall stay the execution and shall order the Department of Health and Human Services to examine the inmate and report to the court concerning the inmate’s mental condition.
(2) The inmate subject to examination under Subsection (1) shall be examined by at least two mental health experts who are not involved in the inmate’s current treatment.The Department of Corrections shall provide information and materials to the examiners relevant to a determination of the inmate’s competency to be executed.
(3) The inmate shall make himself available and fully cooperate in the examination by the Department of Health and Human Services and any other independent examiners for the defense or the state.
(4) The examiners shall in the conduct of their examinations and in their reports to the court consider and address, in addition to any other factors determined to be relevant by the examiners: the inmate’s awareness of the fact of the inmate’s impending execution;the inmate’s understanding that the inmate is to be executed for the crime of murder;the nature of the inmate’s mental disorder, if any, and its relationship to the factors relevant to the inmate’s competency; andwhether psychoactive medication is necessary to maintain or restore the inmate’s competency.
(5) The examiners who are examining the inmate shall each provide an initial report to the court and the attorneys for the state and the inmate within 60 days of the receipt of the court’s order. The report shall inform the court of the examiner’s opinion concerning the competency of the inmate to be executed, or, in the alternative, the examiner may inform the court in writing that additional time is needed to complete the report. If the examiner informs the court that additional time is needed, the examiner shall have up to an additional 30 days to provide the report to the court and counsel. The examiner shall provide the report within 90 days from the receipt of the court’s order unless, for good cause shown, the court authorizes an additional period of time to complete the examination and provide the report.
(6) All interviews with the inmate conducted by the examiners shall be videotaped, unless otherwise ordered by the court for good cause shown. The Department of Corrections shall provide the videotaping equipment and facilitate the videotaping of the interviews.Immediately following the videotaping, the videotape shall be provided to the attorney for the state, who shall deliver it as soon as practicable to the judge in whose court the competency determination is pending.The court shall grant counsel for the state and for the inmate, and examiners who are examining the inmate under this part access to view the videotape at the court building where the court is located that is conducting the competency determination under this part.
(7) Any written report submitted by an examiner shall: identify the specific matters referred for evaluation;describe the procedures, techniques, and tests used in the examination and the purpose or purposes for each;state the examiner’s clinical observations, findings, and opinions on each issue referred for examination by the court, and indicate specifically those issues, if any, on which the examiner could not give an opinion; andidentify the sources of information used by the examiner and present the basis for the examiner’s clinical findings and opinions.
(8) When the reports are received, the court shall set a date for a competency hearing, which shall be held within not less than five and not more than 15 days, unless the court extends the time for good cause.Any examiner directed by the Department of Health and Human Services to conduct the examination may be subpoenaed to provide testimony at the hearing. If the examiners are in conflict as to the competency of the inmate, all of them should be called to testify at the hearing if they are reasonably available.The court may call any examiner to testify at the hearing who is not called by the parties. An examiner called by the court may be cross-examined by counsel for the parties.
(9) An inmate shall be presumed competent to be executed unless the court, by a preponderance of the evidence, finds the inmate incompetent to be executed. The burden of proof is upon the proponent of incompetency at the hearing.An adjudication of incompetency to be executed does not operate as an adjudication of the inmate’s incompetency to give informed consent for medical treatment or for any other purpose, unless specifically set forth in the court order.
(10) If the court finds the inmate incompetent to be executed, its order shall contain findings addressing each of the factors in Subsections (4)(a) through (d).The order finding the inmate incompetent to be executed shall be delivered to the Department of Health and Human Services, and shall be accompanied by:copies of the reports of the examiners filed with the court pursuant to the order of examination, if not provided previously;copies of any of the psychiatric, psychological, or social work reports submitted to the court relative to the mental condition of the inmate; andany other documents made available to the court by either the defense or the state, pertaining to the inmate’s current or past mental condition.A copy of the order finding the inmate incompetent to be executed shall be delivered to the Department of Corrections.
Amended by Chapter 330, 2023 General Session
77-19-205 - Procedures on finding of incompetency to be executed — Subsequent hearings — Notice to attorneys.
(1) If after the hearing under Section 77-19-204 the inmate is found to be incompetent to be executed, the court shall continue the stay of execution and the inmate shall receive appropriate mental health treatment.Appropriate mental health treatment under Subsection (1)(a)(i) does not include the forcible administration of psychoactive medication for the sole purpose of restoring the inmate’s competency to be executed.The court shall order the executive director of the Department of Health and Human Services to provide periodic assessments to the court regarding the inmate’s competency to be executed.The inmate shall be held in secure confinement, either at the prison or the State Hospital, as agreed upon by the executive director of the Department of Corrections and the executive director of the Department of Health and Human Services. If the inmate remains at the prison, the Department of Health and Human Services shall consult with the Department of Corrections regarding the inmate’s mental health treatment.
(2) The examiner or examiners designated by the executive director of the Department of Health and Human Services to assess the inmate’s progress toward competency may not be involved in the routine treatment of the inmate.The examiner or examiners shall each provide a full report to the court and counsel for the state and the inmate within 90 days of receipt of the court’s order. If any examiner is unable to complete the assessment within 90 days, that examiner shall provide to the court and counsel for the state and the inmate a summary progress report which informs the court that additional time is necessary to complete the assessment, in which case the examiner has up to an additional 90 days to provide the full report, unless the court enlarges the time for good cause. The full report shall assess:the facility’s or program’s capacity to provide appropriate treatment for the inmate;the nature of treatments provided to the inmate;what progress toward restoration of competency has been made;the inmate’s current level of mental disorder and need for treatment, if any; andthe likelihood of restoration of competency and the amount of time estimated to achieve it.
(3) The court on its own motion or upon motion by either party may order the Department of Health and Human Services to appoint additional mental health examiners to examine the inmate and advise the court on the inmate’s current mental status and progress toward competency restoration.
(4) Upon receipt of the full report, the court shall hold a hearing to determine the inmate’s current status. At the hearing, the burden of proving that the inmate is competent is on the proponent of competency.Following the hearing, the court shall determine by a preponderance of evidence whether the inmate is competent to be executed.
(5) If the court determines that the inmate is competent to be executed, it shall enter findings and shall proceed under Subsection 77-19-202(2)(c).If the court determines the inmate is still incompetent to be executed, the inmate shall continue to receive appropriate mental health treatment, and the court shall hold hearings no less frequently than at 18-month intervals for the purpose of determining the defendant’s competency to be executed.Continued appropriate mental health treatment under Subsection (1)(a)(i) does not include the forcible administration of psychoactive medication for the sole purpose of restoring the inmate’s competency to be executed.
(6) If at any time the clinical director of the Utah State Hospital or the primary treating mental health professional determines that the inmate has been restored to competency, he shall notify the court.The court shall conduct a hearing regarding the inmate’s competency to be executed within 30 working days of the receipt of the notification under Subsection (6)(a), unless the court extends the time for good cause. The court may order a hearing or rehearing at any time on its own motion.
(7) Notice of a hearing on competency to be executed shall be given to counsel for the state and for the inmate, as well as to the office of the prosecutor who prosecuted the inmate on the original capital charge.
Amended by Chapter 330, 2023 General Session
77-19-206 - Expenses — Allocation.
The Department of Health and Human Services and the Department of Corrections shall each pay 1/2 of the costs of any examination of the inmate conducted pursuant to Sections 77-19-204 and 77-19-205 to determine if an inmate is competent to be executed.
Amended by Chapter 330, 2023 General Session