File No. 34904
This rule was published in the July 1, 2011, issue (Vol. 2011, No. 13) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 34904
Filed: 06/02/2011 09:41:05 AM
Purpose of the rule or reason for the change:
The amendments update statutory citations, as well as update the rule in terms of technological changes and changes in department policy surrounding execution operations.
Summary of the rule or change:
The amendment incorporates Sections 63G-3-201 and 64-13-10 into the rule authorization references. The definition of "news media" has been broadened to include new avenues of media coverage, such as the Internet and blogging. The rule has been amended in many sections where specific security processes are identified. Most of these security processes are internal in nature and have changed within current department policy. Other sections of the rule have been eliminated that identify specific locations involved in the execution operation. These locations may differ during each execution operation, so identifying them in rule is not helpful. Other sections of the rule that are eliminated surround particular law enforcement activities. These activities are inherent abilities of law enforcement officials, and do not need to identified in rule in order for law enforcement to carry out their typical responsibilities. The remaining modifications simply clarify the processes and requirements surrounding execution operations either dictated via statute or department policy.
State statutory or constitutional authorization for this rule:
- Section 64-13-10
- Section 77-19-11
- Section 77-19-10
Anticipated cost or savings to:
the state budget:
There is no anticipated cost or savings to the state budget. Although there are many modifications within this amendment, they simply reflect current practice. The modifications eliminate language that expose internal security processes associated with an execution, clarify how media interacts with the execution operation, and eliminates many specific locations identified in the rule that actually are subject to change with each execution operation. Security processes are not changed, so there would be no financial impact to the state budget due to security. Media access remains the same as previous, and they are private entities, so there is no state financial impact. Eliminating the identification of specific locations for media updates, demonstrations, etc. would have no state budgetary impact, as these locations will still be in close proximity to the prison site.
There is no anticipated cost or savings to local government. Although there are many modifications within this amendment, they simply reflect current practice. The modifications eliminate language that expose internal security processes associated with an execution, clarify how media interacts with the execution operation, and eliminates many specific locations identified in the rule that actually are subject to change with each execution operation. Local law enforcement assistance is provided during execution operations, but the amendment does not make any modification to their roles or responsibilities. As such, there is no financial impact on local government.
There is no anticipated cost or savings to small business. Although there are many modifications within this amendment, they simply reflect current practice. The modifications eliminate language that expose internal security processes associated with an execution, clarify how media interacts with the execution operation, and eliminates many specific locations identified in the rule that actually are subject to change with each execution operation. Media interaction with the execution operation is the only small business affected. However, the amendment simply clarifies when and how they have access to the operation. This should make it more clear, but it does not alter how they have been involved in these operations in the past. As such, there would be no impact on small businesses.
persons other than small businesses, businesses, or local governmental entities:
There is no anticipated cost or savings to other entities. Although there are many modifications within this amendment, they simply reflect current practice. The modifications eliminate language that expose internal security processes associated with an execution, clarify how media interacts with the execution operation, and eliminates many specific locations identified in the rule that actually are subject to change with each execution operation. In effect, the amendments reflect current policy and mirror the most recent execution operation. That operation had no comparable increase or decrease in financial impact on other entities when compared to prior execution operations. The proposed amendments would have no financial impact on any other entity.
Compliance costs for affected persons:
There are no compliance costs for persons affected by the execution operation. Although there are many modifications within this amendment, they simply reflect current practice. The modifications eliminate language that expose internal security processes associated with an execution, clarify how media interacts with the execution operation, and eliminates many specific locations identified in the rule that actually are subject to change with each execution operation. The proposed amendments do not increase or decrease access or responsibilities of those affected by the execution operation. As such, there are no compliance costs associated with the amendments for persons affected.
Comments by the department head on the fiscal impact the rule may have on businesses:
The amendments proposed in this rule should have no fiscal impacts on businesses. The processes outlined within the amendments align with the most recent execution operation carried out by the department.
Thomas Patterson, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Corrections
14717 S MINUTEMAN DR
DRAPER, UT 84020-9549
Direct questions regarding this rule to:
- Michael Haddon at the above address, by phone at 801-545-5913, by FAX at 801-545-5726, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Thomas Patterson, Executive Director
R251. Corrections, Administration.
R251-107-1. Authority and Purpose.
(1) This rule is authorized by Section 77-19-10, 11, , in which the Department shall adopt and enforce rules governing procedures for the execution of judgments of death and attendance of persons at the execution.
(2) The purpose of this rule is to address public safety and security within prison facilities prior to, during and immediately following an execution.
(1) "broadcast news media" means reference to a
radio and television news media. (2)] "Department" means Utah Department of
(3)] "DIO" means Division of Institutional
(4) "news magazines" means magazines having a
general circulation being distributed or sold to the general public
by newsstands, by mail circulation, or both. (5)] "news media" includes persons engaged in news
gathering for newspapers, news magazines, radio, television
(6)] "news media members" means persons over the
age of eighteen who are primarily employed in the business of
gathering or reporting news for newspapers, news magazines,
national or international news services, radio or television
stations licensed by the Federal Communications Commission or other
recognized news services
(7)] "newspaper" means a publication that
circulates among the general public, and contains information of
general interest to the public regarding political, commercial,
religious or social affairs.
(8)] "press" means the print media, news media, or
(9) "Timpanogos Facility" means the inmate
housing unit at North Point formerly called the Young Adult
Correctional Facility. (10)] "USP" means Utah State Prison.
R251-107-3. Crowd Control.
(1) Persons arriving at or driving past the USP shall be routed and controlled in a manner which does not compromise or inhibit:
(b) official escort or movement;
(c) the functions necessary to carry out the execution; or
(2) Persons controlled/handled through
this process shall[
: (a)] be handled in a manner with no more
restriction than is necessary to carry out the legitimate interests
of the Department
[ ; and (b) be dealt with in a courteous manner.]
(3) Procedures for crowd control shall be consistent with federal, state and local laws.
(4) Only persons specifically authorized [
by security list or Department identification
]shall be permitted on USP property, except those persons
congregating at [ the] designated demonstration/public area.
(5) Persons entering USP property without authorization shall be ordered to leave and may be arrested if:
(a) the trespass was intentional;
(b) the individual failed to immediately leave the USP property following a warning;
(c) the trespass jeopardized safety or security (or) interfered with the lawful business of the Department or its staff or agents; or
(d) it involves entry onto areas clearly posted with signs prohibiting access or trespass.
R251-107-4. Selection of Executioners.
(1) The Executive Director/designee shall ensure that the
method of judgment of death specified in the warrant is carried
out at a secure correctional facility operated by the Department
in accordance with Section 77-19-10.
(2) If the judgment of death is to be carried out by
lethal injection, at least two persons, including one alternate
who is trained to administer intravenous injections, shall be
(a) Two shall be selected to administer a continuous
intravenous injection; one of which shall be a lethal quantity of
sodium thiopental or other equally or more effective substance
sufficient to cause death.
(b) The Warden shall be responsible for selecting the
(i) Executioners may be selected from within or outside
of the state of Utah.
(ii) Selection as an executioner shall require knowledge
and training in the accepted medical practices to administer
(c) The Warden, DIO Director, and Executive Director
shall review the qualifications and other relevant information
concerning applicants who claim appropriate training and skills
in administering intravenous injections.
(d) Following the examination and evaluation of
candidates, the Warden, with the concurrence of the Executive
Director and DIO Director, shall select the
(e) The Warden shall contact those chosen for the primary
and back-up execution teams to notify them of their selection and
to verify their willingness and availability to perform the
duties of execution by injection.
(f) If any person rescinds his original offer to
participate, the Warden, DIO Director, and Executive Director
will select a replacement.
(3) If the judgment of death is to be carried out by
shooting, the Executive Director/designee shall select a
five-person firing squad of peace officers.
(a) A five-person execution team, plus one alternate and
a team leader, shall be chosen for the firing squad.
(b) The alternate shall be selected to replace any member
of the firing squad who is unable to discharge his required
(c) Persons selected for the firing squad shall be POST
certified peace officers.
(d) The Executive Director and Warden shall be
responsible for the selection process.
(e) The final choice of firing squad members shall be the
responsibility of the Warden with the concurrence of the
(f) The Warden shall contact those chosen for the firing
squad, alternates and team leader to notify them of their
selection and to verify their willingness and availability to
perform the execution duties.
(g) If any person rescinds his original offer to
participate, the selection team shall select a
R251-107-5. Demonstration and Public Access.
(1) Parking or standing during the execution event from the
designated start time in the authorized security plan until four
hours after the execution is prohibited: (a) on Pony Express Road between 13800 South and 14600
(b) on Minuteman Drive between 14400 South and 14600
(c) on 14600 South from the Utah Roses to Minuteman
(d) on the I-15 freeway or its ramps;
(e) on 13800 South from Pony Express Road to the railroad
(f) in any other location posted for "no
parking" or restricted parking.
(2) Parking on Pony Express Road between 13800 South and
14600 South is posted and prohibited 24 hours a day.
(3)] The Executive Director [ and Warden] may permit limited access to a
designated portion of [ prison] property on Minuteman Drive at or near the Fred House
Academy for the public to gather [ to observe the prison or] demonstrate during an
(4) The demonstration/public staging area located north of
the 14800 South road block on East Frontage Road shall be the
location for demonstrators and the general public. (5) If more people gather at the demonstration/public
staging area than can be accommodated, an overflow area shall be
made available in the park-and-ride parking area west of the
south-bound on-ramp on the Bluffdale interchange.
(6) Access shall be limited to the designated start time
in the authorized security plan the day prior to the scheduled
execution date and last up to six hours following the execution
or any stay, unless permission is earlier withdrawn.
(7) Security shall be provided at the public area to try
to prevent physical confrontations between
observers/demonstrators with differing points of view.
(8) To avoid the possibility of any group raising First
Amendment issues based on the Department favoring one group over
another, demonstrators shall not be separated according to their
views regarding capital punishment.
(9) Motor vehicles are not permitted at the designated
location. Persons at the location or en route to or from the site
are subject to all applicable state and federal laws, rules and
regulations and local ordinances including, without limitations,
those relating to traffic control, pedestrian traffic, parking,
noise, and parade permits.
(10) No person may block, obstruct, or interfere with
prison traffic or communication.
(11) No person may damage, destroy or take public
property, nor may any person build or erect any structure nor
leave behind any object, substance or material.
(12)] No person may violate the intent of clearly marked
signs, fences, doors or other indicant relative to prohibitions
against entering any prison property or facility for which
permission to enter may not be marked.
(13)] The Department neither recognizes, nor is bound by, the
policies, allowances or arrangements which may have occurred at
prior executions, events or on prior occasions, and by this rule
any arrangement provided for public access at previous executions
or demonstrations is invalidated.
(14)] The Executive Director or Warden may at any time
withdraw permission without notice in the event of riot,
disturbance, or other factors that in the opinion of the
Warden/designee or Executive Director/designee jeopardizes the
security, peace, order or any function of the prison.
R251-107-6. Visitor Parking.
(1) Parking shall be prohibited:
(a) on Pony Express Road, which is the West Frontage
Road, from 13800 South, which is the Timpanogos Facility road, to
(b) on Minuteman Drive, which is the East Frontage Road,
from Road Block #8 at 13800 South to the 14600 South;
(c) on 14600 South between Minuteman Drive and the west
end of USP property;
(d) on 13800 South from Pony Express Road west to the USP
property line; and
(e) anywhere on the I-15 freeway or its ramps between
13800 South and 14600 South.
(2) Parking instructions shall be given by officers at
roadblocks to drivers entering controlled areas. Vehicles parked
in violation of R251-107(1)(a-e) shall be impounded.
(3) Drivers disobeying traffic or parking instructions of
peace officers shall be subject to arrest.
(4) Pedestrians entering or attempting to enter
controlled or restricted areas shall be warned to leave and shall
be subject to arrest if they fail to comply.
(5) Department officers and/or officers from requested
allied agencies shall have the primary responsibility for traffic
and parking enforcement.
(1) The Department will implement the standards and procedures for inmate witnesses outlined in Section 77-19-11 .
(2) As a condition to attending the
execution, each designated witness shall be required by the
Department to [
execute] an agreement setting forth their willingness to conduct
themselves while on prison property in a manner consistent with the
legitimate penelogical, security and safety concerns as delineated
by the Department.
(3) Witnesses wishing to have interviews with the news
media may do so before arriving at the staging area or after the
R251-107-8. Personal Searches.
(1) News media representatives and inmate-invited
witnesses shall be searched at the staging area prior to being
allowed into the escort vehicles.
(a) The search shall include a search by metal detector
and rub search.
(b) News media representatives and witnesses shall be
asked to remove all personal items from their clothing and
(i) Unauthorized items shall be taken by the witness to
his/her vehicle or left at the staging area until the witness
returns from the execution.
(ii) Witnesses shall be responsible for locking their
(2) Government officials, the physician, and the State
Medical Examiner shall be searched by metal detector, but shall
not be rub searched unless there is suspicion that an official is
(3) Strip search of witnesses shall be permitted only if
there is a reasonable suspicion that the witness is concealing
contraband or anything which would jeopardize safety or security
or violate Section 77-19-11, and may only be authorized by the
Executive Director, DIO Director, or the Warden. If the witness
does not consent to a search, they will be escorted off
(4) Cameras and recording devices shall not be allowed at
the execution site except for two pool cameras, which may be
carried to the execution site waiting room, to be used after the
execution has taken place.
(5) Department members may be searched upon a reasonable
suspicion that a member is carrying contraband.
(6) Executioners shall not be searched or identified upon
9]. News Media.
(1) The Department shall permit press access to the execution and information concerning the execution consistent with the requirements of the constitutions and laws of the United States and State of Utah.
(2) The Department and the Utah Code recognize the need for the public to be informed concerning executions.
(a) The Department will participate and cooperate with the news media to inform the public concerning the execution; and
(b) information should be provided in a timely manner.
(3) If the condemned person is willing, the Department may
allow an opportunity for the condemned to speak with the news
media. (4)] The Executive Director shall be responsible for
selecting the members of the news media who will be permitted to
witness the execution.
(a) After the court sets a date for the
execution of the death penalty, news directors
request permission for a member of their organization to
witness the execution by directing the request, in writing, to the
attention of the]
at least [ 21] days prior to the execution.
(b) When administrative convenience or fairness to the news media dictates, the Department, in its discretion, may extend the request deadline.
(c) Requests for consideration may be granted by the Executive Director provided they contain the following:
(i) a statement setting forth facts
showing that the requesting individual falls within the definition
of member of the "press" and "[
broadcast] news media" as set forth in this
(ii) an agreement to act as a pool representative for other news gathering agencies desiring information on the execution;
(iii) an agreement that the media member
will abide by all of the conditions, rules and regulations while in
attendance at the execution
(iv) agreement that they will conduct themselves consistent
with existing press standards.
](d) Upon receipt of [
media member's] request for permission
to attend the execution, the
Executive Director may take the steps necessary to verify the
statements made in the request. After verifying the information in
the request, selection of witnesses shall be made by the Executive
(e) The Executive Director shall identify the media members
who have been selected to witness the execution. Media members
shall be selected on a rotating basis from the following
organizations: (i) Salt Lake City and Utah County daily
(ii) television stations licensed and broadcasting daily
in the State of Utah;
(iii) one newspaper of general circulation in the county
in which the crime occurred;
(iv) one radio station licensed and broadcasting in the
State of Utah; and
(v) the remainder from a pool of broadcast, print, and
wire services news media organizations operating in
(f) In the event that the Executive Director is unable to
name a media member from each of the above-described
organizations, he shall name other qualifying media members to
(g) No media members other than those named to attend the
execution as described in this rule shall be permitted to witness
(h) Additional members of the press and broadcast news
media who request and receive permission from the Executive
Director shall be permitted on prison property during the execution
at a location designated by the Executive Director.]
(i)] The Department shall arrange for pre-execution
briefings, distribution of media briefing packages, briefings
throughout the execution event, and post-execution briefings by the
news media who witnessed the execution.
(j) No special access nor briefings will be provided to
members of the press who are not selected as witnesses nor selected
for the alternate site. (k) Two photographers shall be appointed as pool
photographers to film the execution site following clean
(l) One photographer shall provide for the needs of the
electronic media and the other shall take photos for the print
(m) The pool photographers should be selected from
agencies other than those represented among the nine witnessing
(n) If any attempt is made to photograph in any area or
at any time other than that specifically authorized, the
photographer shall be expelled, film confiscated and criminal
charges, if appropriate, filed.
(5) The Warden shall permit the members of the press and
broadcast news media, selected by the Executive Director, to
witness the execution.
(6) Each media member attending the execution shall be
carefully searched prior to admittance to the execution
(a) No strip search of any media member shall be
conducted unless and until the Warden has reasonable suspicion to
believe the media member is concealing weapons, drugs, audio or
visual recording devices, or any other item not expressly
(i) Electronic or mechanical recording devices include
still, moving picture or videotape cameras, tape recorders or
similar devices, broadcasting devices, or artistic paraphernalia,
including notebooks, and drawing pencils or pens.
(ii) Only a small notebook and a pen or pencil issued by
the Department shall be permitted.
(b) In the event of a strip search, the search shall be
conducted in private, away from the execution area.
(i) If the media members are found not to be concealing
any of the items described, they will be permitted to return to
the execution site and attend the execution.
(ii) Any media member found to possess prohibited items
shall be escorted from the execution area, from prison property
and shall be subject to criminal charges, if
(c)] Persons representing the news media witnessing the
execution shall be required to sign a statement or release
absolving the institution or any of its staff from any legal
recourse resulting from the exercise of search requirements or
other provisions of the witness agreement.
(d) The Warden shall not exclude any media member duly
selected from attendance at the execution except as described in
these policies, nor may the Warden cause a selected media member to
be removed from the execution chamber unless the media
member: (i) refuses to submit to a reasonable search as permitted
in these policies;
(ii) faints, becomes ill or requests to be allowed to
leave during the execution;
(iii) causes a disturbance within the execution chamber
that disrupts the conduct of the execution; or
(iv) refuses or fails to abide by the conditions and
policies set forth by the Department.
(e) The execution chamber shall be arranged so as to
provide space for the attending media members and the space
arranged shall have a view of the execution site, with the
(i) a view of the members of the firing squad, if
(ii) if lethal injection is chosen, those directly
administering the method of execution, who shall be concealed
from the view of the media members so that their identities will
(f) The selected media members shall be transported as a
group to the execution location prior to the execution and shall
be allowed to remain there throughout the proceeding.
(g) The Department shall designate a representative or
representatives to remain with the media members throughout the
execution proceedings for the purpose of supervising and
answering questions related to the execution.
(h) Media members shall be admitted to the execution area
on the date set for the execution only after:
(i) proof of identification has been presented to the
Public Affairs Director/designee at the staging area;
(ii) being issued special identification
(iii) receiving an orientation by the Public Affairs
(iv) signing an agreement to abide by conditions required
of media witnesses to the execution.
(i) After the execution has been completed and the site
has been restored to an orderly condition, news media members may
be permitted to return to the execution chamber for purposes of
filming, photographing and recording the site.
(i) Re-entry to the site shall be permitted only after
the site has been restored to an orderly condition,
(A) removal of the body of the condemned;
(B) evacuation of those involved in administering the
(C) clean up of the execution site.
(ii) Restoring the site to an "orderly
condition" prior to the filming opportunity shall not
unnecessarily disturb the physical arrangements for the
(iii) Media members permitted to return to the execution
chamber for the filming and recording of the site shall
(A) the news media members who were selected to witness
(B) one pool television photographer; and
(C) one pool newsprint photographer.
(iv) The film/videotape shall not be used in any news or
other broadcast until made available to all agencies
participating in the pool. All agencies receiving the
film/videotape will be permitted to use them in news coverage and
to retain the film/videotape for file footage.
(j)] News media representatives shall, after being returned
from the execution to the staging area, act as pool representatives
for other media representatives covering the event.
(i)] The pool representatives shall meet at the designated
media center and provide an account of the execution and shall
freely answer all questions put to them by other media members and
shall not be permitted to report their coverage of the execution
back to their respective news organizations until after the
non-attending media members have had the benefit of the pool
representatives' account of the execution.
(A)] News media members attending the post-execution briefing
shall agree to remain in the briefing room and not leave nor
communicate with persons outside the briefing room until the
briefing is over.
(B)] The briefing shall end when the attending news media
members are through asking questions or after 60 minutes, whichever
(ii) The media witnesses shall be transported as a group
between the staging area and the execution chamber in Department
transportation. Media members arriving late and missing the shuttle
shall not be permitted to attend the execution.]
(k)] The Department may alter these [ policies] to impose additional conditions, restrictions and
limitations on media coverage of the execution when requirements
become necessary for the preservation of prison security, personal
safety or other legitimate interests which may be in jeopardy.
(l)] If extraordinary circumstances develop, additional
conditions and restrictions shall be no more restrictive than
required to meet the exigent circumstances.
R251-107-10. Security Zones.
(1) During the execution operation, the USP property and
certain other areas shall be divided into four security zones,
(a) the inner-perimeter zone;
(b) the controlled-perimeter zone;
(c) the restricted zone; and
(d) the extended zone.
(2) The extent of implementation of security zone
requirements may be tailored to meet the security needs of the
(3) Trespass or unauthorized entry into the controlled
perimeter zone may be prosecuted.
(4) Only those controlled areas specifically identified
as accessible to the public-at-large or specified individuals may
(5) Access to the inner-perimeter, controlled, and
restricted security zones shall be permitted only for persons
whose names are on the security list or who have the proper
(6) A request to restrict air space over USP property 500
feet above ground level shall be made to the Federal Aviation
Administration for the duration of the execution.
(7) Extended security zones, though accessible to the
public, shall be patrolled and observed for:
(a) criminal violations;
(b) traffic violations;
(c) parking violations; and
(d) threatening or disruptive behavior.
(8) Persons engaged in unauthorized entry onto property
west of I-15 may be prosecuted for trespass.
(9) Persons attempting to breach the inner-security
perimeter shall not only be prosecuted, but if the threat to
prison security and/or public safety are great enough, may risk
exposure to use of force, even deadly force, to prevent the
defeat of inner perimeter security.
(10) Controlled areas east of I-15 shall be accessible to
the general public to the extent specifically authorized by the
R251-107-11. Regular Inmate Visiting.
All regular inmate visiting shall be suspended 24 hours
prior to an execution and shall be resumed at the next scheduled
visiting time after the execution.
12]. Authority of Executive Director.
The Executive Director/designee shall be authorized to make changes in policies and procedures that are necessary to ensure the interest of security, safety, and professionalism is maintained during the planning, training, and administering of the execution order.
KEY: corrections, executions, prisons
Date of Enactment or Last Substantive Amendment: [
May 1, 2007]
Notice of Continuation: September 19, 2006
Authorizing, and Implemented or Interpreted Law: 77-19-10; 77-19-11
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For questions regarding the content or application of this rule, please contact Michael Haddon at the above address, by phone at 801-545-5913, by FAX at 801-545-5726, or by Internet E-mail at firstname.lastname@example.org.