Appendix A

Texas Department of Criminal Justice Execution Procedure March 2011

TEXAS DEPARTMENT OF CRIMINAL roSTICE CORRECTIONAL INSTITUTIONS DIVISION

EXECUTION PROCEDURE

March 2011

ADOPTION OF EXECUTION PROCEDURE

In my duties as Dlvlslon Director of the Correctional Institutions Dlvlslon, I hereby adopt the attached Execution Procedure for use in the operation of the Texas Department of Crlminal Justice Death Row housing units and perimeter functions. This Procedure is in compliance with Texas BOfll'd of'Crlminal Justice Rule §152.51; §§492.013(a), 493.004, Texas Oovemment Code, and Artlole 43.14 - 43,20, Code of Criminal Procedure.

3-/5-070// Date

Rick Thaler

Director, Correctional Institutions Dlvlsion

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EXECUTION PROCEDURES

PROCEDURES

I. Procedures Upon Notlflcatlon of Executlon Date

A, The clerk of the trial court pursuant to Tex Code of Crl mlnal Procedure art. 43.15 shall offlclally notify the Correctional Institutions Division (CID) Director) who shall then notify the Death Row Unit Warden, and the Huntsville Unit Warden of an offender's execution date. Once an execution date is received} the Death Row Unit Warden's office shall notify the Unit Classification Chief, and the Death Row Supervisor.

B. The Death Row Supervisal' shall schedule an interview with the condemned offender and provide him with the Notification of Bxeoutlon Date (Form 1). This form provides the offender with a Jist of the information that shall 'be requested from him (2) two weeks prior to the scheduled execution.

C. The condemned offender may be moved to a designated cell. Any keep-on-person (KOP) medication shall be confiscated and administered to the offender as needed by Unit Health Services staff.

II. Stays of'Bxecutlon

A. Official notification of a stay of execution shall be delivered to the em Director, the Death Row Unit Warden, and the Huntsville Unit Warden through the Huntsvllle Unit Wnrden's Office. Staff must not accept a stAy of execution from tho offender's attorney, After the official stay is received, the Death Row Unlt Warden's office shall notify the Unit Classification Chief and Denth Row Supervisor.

B. Designated staff on the Death Row Unit shall notify the offender that a slay of exeoution has been received.

III. Preparation of the Execution Summary and Packet

A. Two Weeks (14 days) Prior to die Execution

1.

The Death Row Unit shall begin preparation of the Execution Summary, The Execution Summary (Form 2) and the Religious Orientation Statement (Form 3) shall be forwarded to the Death Row Supervisor or Warden's designee for completion. A copy of the offender's current vlsitation liat and recent commlssary activity shall also be provided.

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2, The Death Row Supervisor shall arrange an interview with the condemned offender to gather tile information necessary to complete the Executlon

Summary find Religious Orientation Statement. .

3, An offender may request to have his body donated to the Texas State Anatomical Board for medical education and research, The appropriate paperwork shall be supplied to the offender upon request,

4. The Exeoutlon Summary must be completed and returned by the Death Row Supervisor 01' Warden's designee in sufficient time to be forwarded to the CID Director's Office by noon of the 141h day, After approval by the CID Director> the summary shall be forwarded to the Death Row Unit Chaplain, the Huntsville Unlt Warden's Office, and Public Information.

5. If the offender wishes to change the names of his witnesses, and it Is less than fourteen (14) clays prim' to the scheduled execution, the offender shall submit a request in writing to the CID Director through the Death Row Unit Warden, who shall approve 01' disapprove the changes,

6. The Death Row Unit is responsible for completion of the Execution Packet, which shall include:

a, Execution Summary;

b, Religious Orlentatlon Statement;

o, Copy of the Offender Travel Card;

d. Current Visitation List;

e, Execution Watch Notlflcatlon;

f. Execution Watch Logs;

g. I·25 Offender's Request for Trust Fund Withdrawal;

h. Offender Pl'opel"ty Documentation (PROP~05 and PROP~08); 'and

1. Other documents as necessary.

7. The Death Row Supervisor 01' the Warden's designee shall notify staff (Form 4) 10 begin the Bxecution Watch Log (Fonn 5).

8. The Execution Watch Log shall begin at 6:00 a.m. seven (7) days prior to the scheduled execution, The seven (7) day tlmeframc shall not Include the day of the execution. The offender shall be observed, logging his activities every 30 minutes forthe first six (6) days and every 15 minutes for the remaining 36 hours, The Public Information Office may request information from the Execution Watch Log on the day of ex eo uti on,

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9. The orlglual Execution Packet and the offender's medical file shall be sent with the condemned offender in the transport vehicle to tho Huntsville Unit 01' the Goree Unit for a female offender, The Death Row Unit Warden shall maintain a copy of the Execution Packet on the Death Row Unit.

10. . If there are any changes necessary to the Execution Packet, staff shall notify the em Director's Office and the Huntsvllle Unit Warden's Office.

B. The Day of Bxecutlon

1. On the morning of the day of the execution prior to final visitation) nil of the offender's personal property shall btl packed and Inventoried, The property officer shall complete on "Offender Property Inventory" (PROPOS) detailing each Item of the offender's property, The property officer shall also complete a "Disposition of Confiscated Offender Property" (PROPn08) indicating the offender's choice of disposition of personal property,

a. If disposition is to be made from the Huntsville Unit a copy of the property forms should be maintained by the Death Row Unit Property Officer and the originals forwarded to the Huntsville Unit with the property.

b. If dlspositlon is to be made from the Death Row Unit a copy of the property forms will he placed ill the Execution Packet and the orlglnal forms maintained on the Death Row Unit through the completion of the disposition process.

c, The Mountain View Unit Warden shall ensure that a female offender brings personal hygiene and gender-speolflo items to the Huntsville Unit as appropriate.

2. Designated staff shall obtain the offender's current Trust Fund balance and prepare the Offender's Request for Trust Fund Withdrawal (IH2S) f01' completion by the offender.

!l.

The followlng statement should be written 01' typed 011 the reverse side of the Ift2S, "In the event of my execution, please distribute the balance of my Inmate Trust Fund account as directed by this Request Ior Withdrawal," The offender's name, number, signature, thumbprint, date, and time should be below this statement. Two (2) employees' names and signatures should be below the offender's signature as witnesses that the offender authorlzed the form.

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b. This Request for Withdrawal form shall be delivered to the Inmate Trust Fund f01' processing by 10:00 a.m, CST the next business day following the execution.

3. A female offender may be transported to the Goree unit prior to the tlay of the execution, The Execution Transport Log for Female Offenders (Form 7) shall be initiated at the Mountain View Unit. The Goree Unit staff will initiate the Execution Watch Log upon arrival on the Goree Unit, permit visitation as aPPl'opdate and transport the offender to the Huntsville Unit. The Transport Log shnll resume when the offender departs the Goree Unit,

4, The condemned offender shall be permitted visits with family and friends on the morning of the day of the scheduled execution, No media visits

shall be allowed at the Goree Unit. '

NOTE: Special visits (minister, relatlves not on the visitation list, attorney, and' other similar olrcumstanees) shall be approved by the Death Row 01' Goree Unit Warden 01' designee. Exceptions may be made to schedule as many fmnily members to visit prior to the offender's scheduled day of execution, These are considered to be special visits, No changes shall be made to the offender's visitation list.

5. The Execution' Watch Log shall be discontinued when the Execution Transport Log f01' Male Offenders (Form 6) is initiated.

6. When appropriate the offender shall be escorted to 12 bnllding at the Polunsky 01' the designated area at the Mountain View or Goree Unit and placed In a holding cell, The appropriate Execution Transport Log shall be initiated and the offender shall be prepared for transport to the Huntsville Unit, The offender shall be removed from the transport vehicle at the Huntsville Unit and escorted by Huntsvllle Unit securlty staff into the executlon holding area,

7, Any transportation arrangements fol' the condemned offender between units shall be known only to tho Wardens involved, the CID Director, as well ElS those persons they designate as having a need to know. No public aunouucement shall be made concerning the exact time, method, 01' route of (1'On8fe1', The CID Director's Office and the Public Information Office shall be notified immediately after the offender arrives at the Huntsville Unit

8. When the offender enters the execution holding area the Execution Watch Log shall immediately resume. The restraints shall be removed and the offender strip-seerohed,

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9. The offender shall be fingerprinted, placed in a holding cell, and issued a clean set ofTDCJ clothing,

10, The Warden shall be notified after the 'offender has been secured in the holding cell. The Warden 01' designee shall interview the offender and review the lnlormatlon ill the Execution Packet.

11, Staff from the Public Information Office shall also visit with the offender to determine if he wishes to make a. media statement and to obtain authorization, lf'necessary, to release the statement,

12, The offender may have visits with a TDCJ Clu.lplain(s), a Minister/Spiritual advisor who has the appropriate credentials and his attorney(s) on the day of execution at the Huntsville Unit; however, the Huntsville Unit Warden must approve all visits,

13. There shall be no family or media vlslts allowed fit the Huntsville Unit.

IV, Dmg Team Qualifications and Tralnlng

A. The drug team shall have at least one medically trained Individual. Each medically trained individual shall at least be certified 01' licensed as a certified medical assistant, phlebotomist, emergency medical technician, paramedic, or military corpsman, Each medically trained individual shall have one year of professional experience before participating as part 'of a drug team, shall retain current licensure, and shall fulflll continuing education requirements commensurate with licensure. Neither medically trained individuals nor any other members of the ~l'lJg team shall be identified.

B. Bach new member of the drug team shall receive training before partlclpating in £111 execution without direct supervlslon, The training shall consist of following the drug team through at least two executions, receiving step-by-step instruction from existing team members. The new team member wlll then participate In at least two executions under the direct supervislon of existing team members. 'Ihereatte«, the new team member may pat'tlcipate in executions without the direct supervision of existing team members.

C. The Huntsville Unit Warden shall review annually the training and current licensure, as appropriate, of each team member to ensure compliance with the required qualifications and training,

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V. Pre-execution Procedures

A. The Huntsville Unit Warden's Office shall serve as the communication command post and entry to this area shall be restricted.

B. Inventory and Equipment Check

1. Deslgnated staff on the Huntsville Unit are responsible for ensuring tho purchase, storage, and control of all ohemloals used in lethal injection executions for the' State of Texas,

2. The drug team shall obtain all of the equipment and supplies necessary to perform the lethal injection from the designated storage area.

3. An inventory and equipment check shall be conducted.

4, Bxplration dates of all applicable items are to be checked on each individual item. Outdated items shall be replaced immediately.

C. Ministel'/Sph'iulnillud attorney visits shall occur between 3:00 and 4:00 p.m, CST \11\108s exceptional circumstances exist. Bxceptions.may be granted under unusual circumstances as approved by the Huntsville Unit Warden.

O. The offender shall be served his last meal at approximately 4:00 p.m, CST.

E. The offender shall be afforded an opportunity to shower and shall be provided with clean clothes nt some time prior to 6:00 p.m, CST.

F. The CIO Director 01' designee, the Huntsville Unit Warden 01' designee and the Huntsville Unit Chaplain 01' a designated approved rocr Chaplain shall accompany the offender while in the Execution Chamber.

VI. Set up Preparations for the Lethal Injection

A. Three (3) syringes of normal saline shall be prepared by members of the drug team.

B. The lethal injection drugs shall be mixed and sydllges for each of the lethal injection drugs shall be prepared by membersof the drug team as follows:

1.

Pentobarbital - 100 milliliters of solution contalning 5 grams of Pentobarbital,

2.

Pancuronlum Bromide - 100 milliliters of solution containing 100 milligrams of'pancuroutum bromide.

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3. Potassium Chloride - 70 milliliters of solution containing 140 milliequlvalents (mEq) of potasslum chloride,

C. The drug team shall have available a back-up set of the normal satlne syringes find the lethal injection drugs in case unforeseen events make their use necessary.

VII. Execution Procedures

A. After 6:00 p.m, CST and after conflnning with the Office of the Attorney General and the Governor's Office that no furthe» stays, if any, wiil be imposed and that imposition of the court's order should proceed, the CID Director or designee shall give the order to escort the offender into the exeoutlon chamber.

B. The offender s111\11 be escorted from (he holding cell into the Execution Chamber and secured to the gurney,

C. A medically trained individual shall insert Intravenous (IV) catheters into a suitable vein of the condemned person. If a suitable vein cannot be discovered in an arm) the medically trained lndlvidual shall substitute a suitable vein in another part of tho body, but shall not use a "cut-down" procedure to access a suitable vein. The medically trained individual shall take as much time as is needed to properly insert the IV lines, The medically trained individual shall connect an IV administration set, and start a n01'1na1 saline solution to flow at a slow rate through one of the Jines, The second line is started as a precaution and is used only if a potential problem is identified with the primary line, The em Director 01' designee, the Huntsville Unit Warden or designee, and the medlcally trained Individual shall observe the IV to 'ensure that the l'a~e of flow is uninterrupted,

D. Witnesses to the execution shall be brought into the appropriate viewing area 'ONLY AFTER the Saline IV has been started and Is running properly. as Instructed by the Huntsville Unit Warden or designee.

E. The eID Director 01' designee shall give the order to commence with the execution,

F. The Huntsville Unit Warden or designee shall allow the condemned person to make a brief, last statement.

G. The Huntsville Unit Warden 01' designee shall instruct the drug team to induce, by syringe, substances necessary to cause death,

H, The flow of non no 1 saline through the IV shall be discontinued,

Execution Procedure

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I. The lethal dose of'Pentobarbital shall be commenced. When the entire contents of the syringe have been injected, the line shall be flushed with an injection of normal saline.

J, The eID Director 01' designee find the Huntsville Unit Warden or designee shall observe the appearance of tho condemned individual durlng application of the Pentobarbital. If the condemned individual exhibits no visible sign of being awake to the designated observers, the CID Dh'ectol' 01' designee shall instruct the drug team to proceed with the next step, If the condemned individual does exhibit visible signs of being awake, the CID Director 01' designee shall instruct the drug team to swltoh to the backup IV to administer another lethal dose of the Pentobarbital, followed with a saline flush, before proceeding to the next step.

K. The lethal dose of Panouronium Bromide shall be commenced, When the entire contents of the syringe have been injected, the line shall be flushed with an injection of normal saline.

L. The lethal dose of Potassium Chloride shall be commenced. If'uecessary, the Ilne shall be flushed with an Injection of'normal saline,

M. Upon completion of the lnlcctlons, the Warden shall direct the physician to enter the Execution Chamber to examine the offender, ])r0110\lOCO the offender's death> and designate the official time of death,

N. Tho body shall he immediately removed from the Execution Chamber and transported by a coordinating funeral home. Arrangements for the body should be concluded prlor to execution.

VIII. Employee partlolpants in the Execution Process shall not be identified 01' their names released to the public, They shall receive an orientation with the Huntsville, Goree, Polunsky, 01' Mountain View Unit Wardens, who shnll inform the employees of the TDCJ ED-06.63, "Crisis Response Intervention SUPPOlt Program" (CRISP). The employees' shall be encouraged to contact the Regional CIUSP Team Leader following the initial participation in the execution process.

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Appendix B

TDCJ DEA Form 222 (used to purchase pentobarbital)

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Appendix C

Screen Shot of Texas' DEA Registration Number

Appendix D

TDCJ Purchase Orders and Distributor Invoice

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Eln~kljl\SJ:_ORDER

TEXAS DEPARTMENT OF CRIMINAL JUSilCE , Tax ExElmpt Agano}' of Texas Slata Government

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Appendix E

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