GroundRules
← Search the law
Kentucky · Snapshot 09/05/2026

KRS 431.240: Time of execution -- Governor to fix time in case of insanity, pregnancy, or

Read at publisher ↗
Where this section sits in the code
  1. KRS Chapter 431

escape -- Administrative hearings -- Transfer to forensic psychiatric facility in

case of insanity.

(1) Unless the execution is stayed for any cause, the warden of the instit ution or his

deputy shall proceed, on the day named in the judgment of conviction, a governor's

warrant, or an order of the court, to cause the condemned person to be executed.

The execution shall take place at a time designated by the warden of the instit ution

where the execution is to take place on the day designated in the judgment of

conviction, the governor's warrant, or an order of the court.

(2) If the condemned person is insane, as defined in KRS 431.213 or pregnant with

child on the day designated for the execution, the execution shall be suspended until

the condemned is restored to sanity or is delivered of child. The execution shall then

take place under the warrant of the Governor and at the time designated by him,

unless stayed by due process of law. If execution is suspended on the ground of

insanity, the commissioner of the Department of Corrections shall transfer the

condemned person to the Kentucky Correctional Psychiatric Center until the time he

is restored to sanity. Any administrative hea rings authorized under authority of this

section shall be conducted in accordance with KRS Chapter 13B.

(3) If the condemned person escapes from custody and is recaptured after the expiration

of the date fixed for the execution, the Governor, upon receivin g written notice of

the recapture from the warden of the institution, shall send his warrant of execution

to the warden by special messenger and shall name therein the day of execution.

The warden shall then proceed to the execution thereof according to th e provisions

of KRS 431.215 to 431.270.

(4) When a judgment of death has not been executed on the day appointed therefor by

the court, from any cause, the Governor, by a warrant under his hand and the seal of

the Commonwealth, shall fix the day of the exec ution, which warrant shall be

obeyed by the warden of the institution.

Collected 2026-09-05T20:59:46Z. Source file · JSON

Browse this collection