Kentucky Corrections Department WISELY Decides NOT To Appeal Adverse Lethal Injection Supreme Court Ruling. Read More Below.
Corrections will not appeal lethal injection decision
By Beth Musgrave
FRANKFORT — Death row executions in Kentucky will remain on hold through at least April 15.
The state Department of Corrections has decided to comply with a November state Supreme Court decision and will adopt a lethal injection protocol through the lengthy administrative regulation process, said Jennifer Brislin, a spokeswoman for the Justice and Public Safety Cabinet, which includes the Department of Corrections.
The department is drafting a regulation that will likely be filed with lawmakers this month, Brislin said.
It’s difficult to say how long it would take the lethal injection protocol to be enacted. If the department files the regulation by Dec. 15, the deadline for executive branch regulations, the earliest it could be enacted is April 15. But it could take longer.
The process includes a public hearing as well as an opportunity for the public to comment via e-mails or written letters about various aspects of the lethal injection protocol. The Department of Corrections then can respond to those comments. The Administrative Regulation Review Subcommittee, a legislative panel, would also review the regulation. The House or Senate Judiciary committees could also choose to consider the proposal.
However, even if a legislative committee denies the regulation, Gov. Steve Beshear can overrule the rejection.
In November, the state Supreme Court ruled in a 4-3 decision that the state could not execute anyone via lethal injection until the Department of Corrections formally adopts the lethal injection protocol.
(To continue reading, go to Lexington Herald Leader).
Editor's comment: Knowing that legislators will play their "tough on crime" charade, I hope Steve Beshear gets ready to overrule their rejection of the correction dept.'s proposal.
By Beth Musgrave
FRANKFORT — Death row executions in Kentucky will remain on hold through at least April 15.
The state Department of Corrections has decided to comply with a November state Supreme Court decision and will adopt a lethal injection protocol through the lengthy administrative regulation process, said Jennifer Brislin, a spokeswoman for the Justice and Public Safety Cabinet, which includes the Department of Corrections.
The department is drafting a regulation that will likely be filed with lawmakers this month, Brislin said.
It’s difficult to say how long it would take the lethal injection protocol to be enacted. If the department files the regulation by Dec. 15, the deadline for executive branch regulations, the earliest it could be enacted is April 15. But it could take longer.
The process includes a public hearing as well as an opportunity for the public to comment via e-mails or written letters about various aspects of the lethal injection protocol. The Department of Corrections then can respond to those comments. The Administrative Regulation Review Subcommittee, a legislative panel, would also review the regulation. The House or Senate Judiciary committees could also choose to consider the proposal.
However, even if a legislative committee denies the regulation, Gov. Steve Beshear can overrule the rejection.
In November, the state Supreme Court ruled in a 4-3 decision that the state could not execute anyone via lethal injection until the Department of Corrections formally adopts the lethal injection protocol.
(To continue reading, go to Lexington Herald Leader).
Editor's comment: Knowing that legislators will play their "tough on crime" charade, I hope Steve Beshear gets ready to overrule their rejection of the correction dept.'s proposal.
Labels: Crime, Justice, Kentucky politics, Punishment
posted by KYJurisDoctor at 10:10 PM
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