Section 15.34 Hearing

• Library: Criminal Practice 2012 Supp

2. (§15.34) Hearing

If the warden has reasonable cause to believe that an inmate sentenced to death has a mental disease or defect, the warden must immediately notify the Governor, who will stay the execution. A hearing is then held in the circuit court of Cole County, where all parties are entitled to present evidence in relation to the inmate’s mental condition. After the hearing, the circuit judge will certify to the Governor the judge’s findings, and the execution will proceed if there is no finding of mental disease or defect excluding fitness for execution. If the finding is of mental disease or defect excluding fitness for execution, the inmate will be held in the penal institution subject to transfer to a...