[Title 28 CFR 26]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 26 - IMPLEMENTATION OF DEATH SENTENCES IN FEDERAL CASES]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseIMPLEMENTATION OF DEATH SENTENCES IN FEDERAL CASES26PART 26JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 26--IMPLEMENTATION OF DEATH SENTENCES IN FEDERAL CASES--Table of Contents
26.2 Proposed Judgment and Order.
26.3 Date, time, place, and method of execution.
26.4 Other execution procedures.
26.5 Attendance at or participation in executions by Department of
Authority: 5 U.S.C. 301; 18 U.S.C. 4001(b), 4002; 28 U.S.C. 509,
Source: Order No. 1655-93, 57 FR 4901, Jan. 19, 1993, unless
Sec. 26.1 Applicability.
The regulations of this part apply whenever a sentencing hearing
conducted in a United States District Court has resulted in a
recommendation or determination that a criminal defendant be sentenced
to death for commission of an offense described in any federal statute.
Sec. 26.2 Proposed Judgment and Order.
(a) Whenever this part becomes applicable, the attorney for the
government shall promptly file with the sentencing court a proposed
Judgment and Order. The proposed Judgment and Order shall state, in
addition to any other matters required by law or otherwise appropriate,
(1) The sentence shall be executed by a United States Marshal
designated by the Director of the United States Marshals Service;
(2) The sentence shall be executed by intravenous injection of a
lethal substance or substances in a quantity sufficient to cause death;
(3) The sentence shall be executed on a date and at a place
designated by the Director of the Federal Bureau of Prisons; and
(4) The prisoner under sentence of death shall be committed to the
custody of the Attorney General or his authorized representative for
appropriate detention pending execution of the sentence.
(b) The attorney for the government shall append to the proposed
Judgment and Order a Return by which the designated United States
Marshal may inform the court that the sentence of death has been
Sec. 26.3 Date, time, place, and method of execution.
(a) Except to the extent a court orders otherwise, a sentence of
death shall be executed:
(1) On a date and at a time designated by the Director of the
Federal Bureau of Prisons, which date shall be no sooner than 60 days
from the entry of the judgment of death. If the date designated for
execution passes by reason of a stay of execution, then a new date shall
be designated promptly by the Director of the Federal Bureau of Prisons
when the stay is lifted;
(2) At a federal penal or correctional institution designated by the
Director of the Federal Bureau of Prisons;
(3) By a United States Marshal designated by the Director of the
United States Marshals Service, assisted by additional personnel
selected by the Marshal and the Warden of the designated institution and
acting at the direction of the Marshal; and
(4) By intravenous injection of a lethal substance or substances in
a quantity sufficient to cause death, such substance or substances to be
determined by the Director of the Federal Bureau of Prisons and to be
administered by qualified personnel selected by the Warden and acting at
the direction of the Marshal.
(b) Unless the President interposes, the United States Marshal shall
not stay execution of the sentence on the basis that the prisoner has
filed a petition for executive clemency.
Sec. 26.4 Other execution procedures.
Except to the extent a court orders otherwise:
(a) The Warden of the designated institution shall notify the
prisoner under sentence of death of the date designated for execution at
least 20 days in advance, except when the date follows a postponement of
fewer than 20 days of a previously scheduled and noticed date of
execution, in which case the Warden shall notify the prisoner as soon as
(b) Beginning seven days before the designated date of execution,
the prisoner shall have access only to his spiritual advisers (not to
exceed two), his defense attorneys, members of his family, and the
officers and employees of the institution. Upon approval of the Director
of the Federal Bureau of Prisons, the Warden may grant access to such
other proper persons as the prisoner may request.
(c) In addition to the Marshal and Warden, the following persons
shall be present at the execution:
(1) Necessary personnel selected by the Marshal and Warden;
(2) Those attorneys of the Department of Justice whom the Deputy
Attorney General determines are necessary;
(3) Not more than the following numbers of person selected by the
(i) One spiritual adviser;
(ii) Two defense attorneys; and
(iii) Three adult friends or relatives; and
(4) Not more than the following numbers of persons selected by the
(i) Eight citizens; and
(ii) Ten representatives of the press.
(d) No other person shall be present at the execution, unless leave
for such person's presence is granted by the Director of the Federal
Bureau of Prisons. No person younger than 18 years of age shall witness
(e) The Warden should notify those individuals described in
paragraph (c) of this section as soon as practicable before the
designated time of execution.
(f) No photographic or other visual or audio recording of the
execution shall be permitted.
(g) After the execution has been carried out, qualified personnel
selected by the Warden shall conduct an examination of the body of the
prisoner to determine that death has occurred and shall inform the
Marshal and Warden of his determination. Upon notification of prisoner's
death, the Marshal shall complete and sign the Return described in
Sec. 26.2(b) or any similar document and shall file such document with
the sentencing court.
(h) The remains of the prisoner shall be disposed of according to
procedures established by the Director of the Federal Bureau of Prisons.
Sec. 26.5 Attendance at or participation in executions by Department of Justice personnel.
No officer or employee of the Department of Justice shall be
required to be in attendance at or to participate in any execution if
such attendance or participation is contrary to the moral or religious
convictions of the officer or employee, or if the employee is a medical
professional who considers such participation or attendance contrary to
medical ethics. For purposes of this section, the term ``participation''
includes personal preparation of
the condemned individual and the apparatus used for execution and
supervision of the activities of other personnel in carrying out such