APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON
REVISION DATE

PAGE NUMBER

NUMBER

10/25/08

1 of 12

DOC 490.200

TITLE

POLICY

CAPITAL PUNISHMENT

REVIEW/REVISION HISTORY:
Effective:
Revised:
Revised:
Revised:
Revised:

9/3/93
6/15/98
8/10/01
6/21/07
10/25/08

SUMMARY OF REVISION/REVIEW:
Title and Team Name changes throughout
I.A.1., II.C. & VIII.A.1., & VIII.C.2. – Added clarifying language
III.B.3. – Added requirements for ISDP incoming mail
III.B.4.b. & 5.b. – Added clarifying language regarding attorney of record
Revised IV.A.1. to specify a single media event
Added IV.B.1. & DOC 21-575 Acknowledgment of Visitor Search Requirements for searches of
media representatives
Revised V.F. regarding search requirement for witnesses
VI.C. – Revised housing requirements for female ISDP
VIII.A.2. – Added requirement for 3 practice sessions for lethal injections
VIII.B. – Removed medical file review; revised physical examination requirement
IX.A.1.d. – Added that Lethal Injection Team members must be trained; added qualifications
IX.A.2.a. – Changed Director of Health Services to Superintendent
IX.A.4.b. & d. – Revised requirements for lethal injection
IX.A.4.h. – Removed requirement that Lethal Injection Team remove apparatus and saline
X.A. – Calls to Headquarters will be made to the Department Emergency Operations Center
X.F. – Removed requirement that Death Certificate be signed before removal of body
Several changes to Attachment 1
APPROVED:

Signature on File

ELDON VAIL, Secretary
Department of Corrections

10/23/08
Date Signed

APPLICABILITY

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON
REVISION DATE

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TITLE

POLICY

CAPITAL PUNISHMENT

REFERENCES:
DOC 100.100 is hereby incorporated into this policy; RCW 10.95.160-190; WAC 137-48-050;
DOC 410.040 Incident Command System (ICS)
POLICY:
I.

The Department has established procedures governing capital punishment to meet the
requirements of RCW 10.95.160-190. These procedures set forth:
A.
B.
C.
D.

II.

Security requirements for an Inmate Subject to the Death Penalty (ISDP),
Protocol for conducting an execution,
The care provided the ISDP while a valid Death Warrant is in force, and
The method of execution by lethal injection or hanging.

The Department Secretary designates the Assistant Secretary for Prisons to coordinate:
A.

The responsibilities of the Washington State Penitentiary (WSP) Superintendent,
and

B.

A review of the procedures and all operational decisions in carrying out the
execution, as well as the legal status of the Death Warrant.

DIRECTIVE:
I.

ISDP Housing
A.

II.

Upon receipt of an ISDP and prior to receipt of a Death Warrant:
1.

Male ISDPs shall be housed in a single person cell located in a
segregated area of WSP.

2.

Female ISDPs shall be housed in a segregated area of the Washington
Corrections Center for Women (WCCW). Prior to the execution date, the
female ISDP will be transported to WSP for housing and execution.

Pre-Execution Procedure
A.

Consistent with RCW 10.95.190, a log shall be maintained with the Death
Warrant in the Superintendent's Office.

B.

Responsibilities are listed in the Execution Procedures and Assignments
Checklist (Attachment 1).

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POLICY
C.
III.

Only staff assigned by the Superintendent will attend the execution. No facility
staff will be required to participate in any part of the execution procedure.

Notification to ISDP
A.

After receiving confirmation of a valid Death Warrant, the Superintendent will
designate an Associate Superintendent to personally interview the ISDP
regarding procedures relating to the execution.

B.

The Associate Superintendent will provide the ISDP with a written summary of
procedures, to include mail, visits, telephone usage, and available religious
services. The ISDP will be informed of the following:
1.

The date of the execution.

2.

The punishment of death shall be by lethal injection.

3.

a.

The ISDP may elect hanging as an alternate means of execution.

b.

The procedure to be used will be determined 14 days prior to the
execution and the method cannot be changed after that date. If the
ISDP elects hanging, it must be stated in writing no later than 14
days prior to the execution date.

Mail procedures for an ISDP with an active Death Warrant will be as
follows:
a.

b.

4.

The Mail Room Sergeant will be instructed, in writing, to forward all
incoming mail, unopened, to the designated Associate
Superintendent, who will screen and exclude any items which may
threaten the order and security of the facility with regard to the
ISDP.
1)

Mail intended to harass the ISDP will be considered a threat
to the orderly operation of the facility and restricted per WAC
137-48-050.

2)

Legal mail will be screened, not read.

The Mail Room Sergeant will maintain a log of all incoming and
outgoing mail, noting the date and time of receipt and delivery. A
separate log will be maintained for all legal mail.

All visits between the ISDP and authorized visitors will be no contact.

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5.

IV.

CAPITAL PUNISHMENT

a.

Visitation for an ISDP will be consistent with the visiting procedures
of other offenders housed in the Intensive Management Unit (IMU).

b.

Seven days prior to the execution, daily visits will be authorized in
addition to visits with the attorney of record.

c.

Twenty-four hours prior to the execution date, all visits and visitors
require the approval/denial of the Superintendent.

d.

After the ISDP is moved to the execution holding cell, visits will be
restricted to approved clergy and the attorney of record.

The ISDP will have unlimited phone access during the daily yard period.
Fourteen days prior to the execution date, an additional daily one hour
yard will be provided.
a.

There will be no limit on the number or duration of calls to and from
the attorney of record.

b.

Only calls from the attorney of record will be authorized following
transfer to the execution holding cell.

Media Relations
A.

The Superintendent/designee will coordinate all requests for information
concerning an execution.
1.

B.

C.

A single event to provide representatives of major and local media an
opportunity to access the chamber will be authorized by the
Superintendent and coordinated by designated staff.

The Superintendent will establish procedures for selecting media witnesses as
specified in the Witness Selection section of this policy.
1.

No audio/electronic/video equipment, cameras, telephones, or recording/
communication devices will be permitted in the chamber. Media
witnesses will be subject to an electronic and pat search. Written consent
for search will be required using DOC 21-575 Acknowledgment of Visitor
Search Requirements.

2.

The only items that are allowed in the chamber are pens, pencils, and
writing tablets supplied by the facility.

Requests from media representatives for access to the Information Center must
be submitted in writing.

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1.

V.

CAPITAL PUNISHMENT

Information Center access will not be permitted more than 3 hours prior to
an execution.

D.

Media access to a designated area of the facility parking lot will be permitted at a
designated time the day prior to the execution.

E.

Media will not be permitted to film or conduct interviews with facility staff without
the prior authorization of the Superintendent/designee.

F.

All normal facility security procedures will apply. Failure to comply with these
procedures, Department policies, operational memorandums, or directions from
authorized personnel may be cause for removal from the facility and/or facility
grounds. The Superintendent may establish emergency rules and procedures.

Witness Selection
A.

B.

Not less than 20 days prior to an execution, individuals who wish to attend and
witness the execution must submit a letter of request (e.g., application) to the
Superintendent. The letter must designate the relationship to the ISDP and
reason(s) for wishing to attend. Eligible individuals include:
1.

Judicial officers (i.e., the Judge who signed the Death Warrant for the
ISDP, the current Prosecuting Attorney or a Deputy Prosecuting Attorney
of the county from which the final Judgment and Sentence and Death
Warrant were issued, and the most recent attorney of record representing
the ISDP),

2.

Law enforcement representatives (i.e., officers responsible for
investigating the crime for which the inmate was sentenced to death),

3.

Media representatives,

4.

Representatives of the families of the victims (i.e., immediate family or
victim advocates of the immediate family), and

5.

Representatives from the ISDP’s immediate family.

Not less than 15 days prior to the execution, the Superintendent shall determine
the total number of individuals, other than Department employees, who will be
allowed to attend and witness the execution.
1.

The Superintendent shall determine the number of witnesses allowed in
each category of eligible individuals.

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POLICY

2.

VI.

a.

No less than 5 media representatives will be included, with
consideration given to news organizations serving communities
affected by the crimes or the execution.

b.

Up to 2 law enforcement representatives will be included. The chief
law enforcement officer of the jurisdiction where the crime was
committed shall designate the law enforcement representatives.

Once the list is composed, the Superintendent shall serve the list on all
parties who have submitted a letter (e.g., application) to witness the
execution.

C.

Not less than 10 days prior to the execution, the Superintendent shall file the
witness list with the Superior Court from which the conviction and Death Warrant
were issued. The witness list will be filed with a petition asking that the court
enter an order certifying the list as a final order identifying the witnesses to attend
the execution. The final order of the court certifying the witness list shall not be
entered less than 5 days after the filing of the petition.

D.

Unless a show cause petition is filed with the Superior Court from which the
conviction and Death Warrant were issued within 5 days of the filing of the
Superintendent's petition, the Superintendent's list, by order of the Superior
Court, will become final and no other party will have standing to challenge its
appropriateness.

E.

In no case may the Superintendent or the Superior Court order or allow more
than 17 witnesses to a planned execution, excluding required staff.

F.

All witnesses must adhere to the facility’s search and security provisions in
regards to witnessing an execution and may be subject to emergency rules and
procedures. Written consent for search will be required using DOC 21-575
Acknowledgment of Visitor Search Requirements.

Execution Holding Cell
A.

Prior to the execution, but no sooner than 24 hours before, the ISDP will be
moved to the execution holding cell.

B.

The holding cell will contain:
1.

Bedding that includes a mattress, 2 sheets, 3 blankets, a pillow, and a
pillow case,

2.

Personal hygiene items that include 2 towels, a washcloth, and a bar of
soap,

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VII.

3.

Approved personal items and clothing that include underwear, facility
clothing, legal materials, religious items, jewelry, or other personal items
as requested by the ISDP and approved by the Superintendent, and

4.

Other personal items as requested by the ISDP and approved by the
Superintendent to be retained by holding cell staff and issued as
requested by the ISDP.

C.

A female ISDP may be housed in the WSP Intensive Management Unit (IMU)
prior to being moved to the execution holding cell.

D.

Two correctional staff will be posted at the holding cell at all times and a
complete log of activities will be maintained.

Final Meal
A.

VIII.

CAPITAL PUNISHMENT

At the meal period just prior to the time of execution, the ISDP will be allowed to
provide his/her meal selection from a menu prepared and provided by the Food
Service Manager. The Food Service Manager will ensure preparation and
delivery of the meal to the ISDP.

Execution Preparation
A.

B.

C.

The Superintendent will appoint individuals to support the execution process.
1.

No staff will be required to participate in any part of the execution
procedure.

2.

Briefings and rehearsals will be conducted as necessary to ensure
adequate preparation for the execution. For an execution by lethal
injection, there shall be a minimum of 3 practice sessions preceding an
execution that shall include the siting of intravenous (IV) lines.

Medical Review
1.

A physical examination of the ISDP may be conducted to determine any
special problems (e.g., collapsed veins, obesity, deterioration of bone or
muscular structure) that may affect the execution process. The ISDP's
height and weight will be measured during the examination.

2.

Based upon the physical examination, the Superintendent may consult
with appropriate experts to determine whether deviation from the policy is
advisable to ensure a swift and humane death.

Crowd Control

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STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

PRISON
REVISION DATE

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TITLE

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POLICY

IX.

1.

The Superintendent will notify law enforcement agencies of the date of
execution, enabling them to prepare for any traffic and crowd control
issues that may arise.

2.

Prior to the execution, the Superintendent will hold briefings for local and
state law enforcement agencies to determine the manner and extent to
which WSP and Department resources will support law enforcement in
managing crowd control and potential external threats.

3.

An area(s) will be designated for the general public.

4.

The WSP Emergency Response Team (ERT) will provide crowd control
for the protection of the WSP grounds.
a.

The ERT Commander(s) will be briefed by the Superintendent prior
to the execution.

b.

In the event that protesters and/or onlookers gather, law
enforcement assistance will be requested to direct them to the
designated area.

Execution Procedure
A.

Lethal Injection
1.

2.

Lethal Injection Materials/Personnel
a.

All tubing, syringes, saline solution, and other apparatus will be on
site and verified no later than 7 days prior to the execution.

b.

The Superintendent will direct the acquisition of the appropriate
quantities of lethal substances. These will be available and on site
7 days prior to the execution date.

c.

The Superintendent will ensure the security and continued
verification of all materials.

d.

Lethal Injection Team members will have sufficient training or
experience to carry out the lethal injection process without any
unnecessary pain to the ISDP. Minimum qualifications include one
or more years of professional experience as a certified Medical
Assistant, Phlebotomist, Emergency Medical Technician,
Paramedic, military corpsman, or similar occupation.

Lethal Injection Table

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DEPARTMENT OF CORRECTIONS

PRISON
REVISION DATE

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TITLE

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POLICY
a.

3.

4.

The Superintendent, in conjunction with the Plant Manager, will
examine and verify that the lethal injection table is in working order
with all restraints available.

Preparation of the Execution Area
a.

The Lethal Injection Team will inspect the area designated for lethal
injection and make any final recommendations to the
Superintendent.

b.

The Lethal Injection Team will assemble all necessary materials for
transport to the chamber no less than one hour prior to the time of
execution. The Lethal Injection Team Leader will secure the lethal
substances and personally transport them to the chamber.

c.

The solutions for injection will be prepared not more than 30
minutes prior to administration.

Execution Process
a.

The Superintendent will direct that the ISDP be brought to the
chamber. The Escort Team will place the ISDP on the lethal
injection table and appropriately secure the ISDP to the table. The
Escort Team will then leave the room.

b.

The Lethal Injection Team will establish 2 IV lines and start a
normal flow of saline through each line. The Lethal Injection Team
will ensure that a slow, normal saline flow is maintained through
each line.

c.

The Superintendent will ask the ISDP if s/he has any last words.

d.

Upon notification from the Superintendent, the Lethal Injection
Team will introduce the following lethal solutions using a bolus
injection into the tubing in the order specified:
1)
2)
3)
4)
5)

e.

3 g thiopental sodium
50 cc normal saline
100 mg pancuronium bromide
50 cc normal saline
240 mEq potassium chloride (KCl)

Either line may be used for injection of solutions as required. The
Superintendent shall observe the ISDP for signs of consciousness
before the Lethal Injection Team administers the pancuronium

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bromide. If the Superintendent observes that the ISDP is
conscious following the first dose of thiopental sodium, s/he shall
direct the Lethal Injection Team to administer an additional 3 g
dose of thiopental sodium.

B.

f.

The Lethal Injection Team Leader will signal the Superintendent
when all of the solutions have been administered.

g.

At a time deemed appropriate by the Superintendent, the curtains
will be closed. The Superintendent will call for the physician to
examine the body and make a pronouncement of death.

h.

After the pronouncement of death, the Lethal Injection Team will
remain in the area until directed to leave.

i.

Post-execution procedures will be followed.

Hanging
1.

The gallows area trap door(s) and release mechanisms will be inspected
for proper operation.

2.

A determination of the proper amount of drop of the ISDP through the trap
door will be made. The following standard military execution drop chart
will be used:
WEIGHT (Pounds)
120
125
130
135
140
145
150
155
160
165
170
175
180
185
190
195

DROP DISTANCE
8’1”
7’10”
7’7”
7’4”
7’1”
6’9”
6’7”
6’6”
6’4”
6’2”
6’0”
5’11”
5’9”
5’7”
5’6”
5’5”

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200
205
210
220 and over
3.

4.

5’4”
5’2”
5’1”
5’0”

Equipment
a.

Hood – The hood will be a neutral color with an outer surface made
of rough material, split at the open end so that it will come down
over the chest and back.

b.

Collapse Board – A board will be provided for use in case the ISDP
collapses.

c.

Restraints – Restraints will be used to ensure that the hands and
arms of the ISDP are securely held to his/her front and sides.

d.

Rope –The rope will be manila hemp, at least ¾ inch and not more
than 1¼ inches in diameter and approximately 30 feet in length.
The rope will be soaked and then stretched while drying to
eliminate any spring, stiffness, or tendency to coil. The knot will be
treated with wax, soap, or clear oils ensuring a smooth sliding
action through the knot. The knot will be tied according to Army
regulations.

Execution Process
a.

Restraints will be placed on the ISDP by assigned staff.

b.

The Escort Team will escort the ISDP to the gallows area. The
ISDP will be placed, standing, in the spot designated by the
Superintendent. The Superintendent will ask the ISDP if s/he has
any last words.

c.

The hood will be placed on the ISDP and leg restraints applied. If a
collapse board appears to be necessary, the Escort Team will put
the board in place.

d.

The noose will be placed snugly around the ISDP's neck in such a
manner that the knot is directly behind the left ear.

e.

The Superintendent will direct the trapdoor be released.

f.

The Escort Team will move to the lower floor location to assist with
removal of the deceased ISDP. The curtains will be closed.

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g.
X.

At a time deemed appropriate by the Superintendent, the physician
will be called to make a pronouncement of death.

Post-Execution Procedure
A.

The Assistant Secretary for Prisons will notify the Secretary and Incident
Command Center of the time of death. Necessary calls to Headquarters will be
made to the Department Emergency Operations Center.

B.

The Superintendent will inform a designated staff of the time of death, who will
then inform the witnesses.

C.

The witnesses will be escorted out of the execution area immediately after the
pronouncement of death.

D.

The media witnesses will be escorted to the Information Center.

E.

The Chaplain will provide official notification to the family of the time of death.

F.

The body will be removed from the facility by a pre-determined route.

G.

A post-trauma specialist and the Chaplain will be available to staff preceding,
during, and after the execution. Staff will also be provided a confidential list of
off-site locations where counseling and/or spiritual support will be available.

H.

Within 20 days after the execution, the Superintendent shall return the Death
Warrant to the clerk of the trial court from which it was issued, along with the log
identified in the Pre-Execution Procedure section of this policy.

DEFINITIONS:
Words/terms appearing in this policy may be defined in the glossary section of the Policy
Manual.
ATTACHMENTS:
Execution Procedures and Assignments Checklist (Attachment 1)
DOC FORMS:
DOC 21-575 Acknowledgment of Visitor Search Requirements