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:
(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 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 Title 77, Chapter 15, Inquiry into Sanity of Defendant, no further hearing on
competency may be granted unless the successive petition:
(a) alleges with specificity a substantial change of circumstances subsequent to the
previous determination of competency; and
(b) is sufficient to raise a significant question about the inmate's competency to be
executed.
Enacted by Chapter 137, 2004 General Session
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Last revised: Thursday, May 28, 2009