Los Angeles Times Communications LLC v. Kernan, et al.

Filing 1

COMPLAINT for Declaratory and Injunctive Relief [42 U.S.C. § 1983] against Scott Kernan, Ronald Davis ( Filing fee $ 400, receipt number 0971-12263369.). Filed byLos Angeles Times Communications LLC, San Francisco Progressive Media Center, KQED, Inc. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Krishnan, Ajay) (Filed on 4/11/2018)

EXHIBIT A

State of California
Office of Administrative Law
In re:
Department of Corrections and
Rehabilitation

~

NOTICE OF FLING AND PRINTING ONLY
Government Code Section 11343.8

Regulatory Action:
Title 15, California Code of Regulations

OAL Matter Number: 2018-0129-02

Adopt.sections:

3349.1, 3349.2, 3349.3,
3349.4, 3349.5, 3349.6,
3349.7, 3349.8, 3349.9
Amend sections: 3349
Repeal sections:

OAS Matter Type: File and Print Only(FP)

This request for filing and printing by the California Department of Corrections and
Rehabilitation ("Department")concerns the lethal injection process for inmates
condemned to death. This action is exempt from the Administrative Procedure Act
pursuant to Penal Code section 3604.1.
OAL filed this regulations) or orders)of repeal with the Secretary of State, and will
publish the regulations) or orders)of repeal in the California Code of Regulations.
~Date:

March 1, 201 a

~`

-

~

f

Kevin D. Hull
Senior Attorney
For:

Original: Scott Kernan, Secretary
Copy: Josh Jugum

Debra M. Cornez
Director

TATEOFCALIFORNIA--OFFICEOPADMINISTRATIVELAW

-

-' ~

~,

`--

i ~

'

iTD. aoo (REv. Oi-2013)

OAl FILE
NUMBERS

~

___

~

~ '~ ,
'.. _.

_ _ —

~•...- . I

'~ reverse}
_

_

_

ERGENCY NUMBER

rvO~~IBER

'~

rcr~'

N07ICE FILE NUMBER
Z.

-..

For use by Secretary of State only

~. ~$@~.I~(1$trUCtIO11S OIl

NOTICE P,UEiLICATIOi\i1REGU~1~~@~3~l5 5't~~N46S511~'~$ .'
~
' ~, ~ ~

G' `~

~
~~~~' t~

For use by Office of Administrative Law (OAL)on y

Vn ih~ o~

of
~~y,~.a

..

_

- ~ ,

REGUTATION5

NOTICE
AGENCY WITH RUIEMAKINGAUTHORITY

17-0347

California Department of Corrections and Rehabilitation
4. PUBLICATION OF NOTICE (Complete for publication in Notice Register)
____._d.~.~__~_______.u______^_____...__~._~~-----~._~~.___.~_____~_.____---~ FIRSTS
~~
1 TITLES}
i. SUBJECT OF NOTICE

4. AGENCY CONTACT PERSON

re rroposea ~~

Qxher
Ate'+vwyry rrcvrv~cv ~vv ~ ~~c
pA~ USE
APProved as
~~L~

Approved as
~ Subm~kfed

~

Modified

~.0 ~ ~~

~~~

~.~.,~.~.

{ -_-.- -.• -.•.-

u Disapproved!
.;
Wigtdrawn

B. SUBMISSION OF tiEGULATICINS i~omplete when submitting regulations)
1b. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS)

ta. SUBJECT OF REGULATIONS)

Administration of the Death Penalty- Lethal Injection
2. SPECIFY CALIFORNIA CODE Of REGULATIONS 71TLE(S) AND SECTION(5) Oncluding title 26,if toxics related)

SECTlON(S)AFFECTED
3349.3, 3349.4, 3349.5, 3349.6, 3349.7, 3349.8, 3349.9
(List all sec#ion numbers) 3349.1, 3349.2,
individually. Attach
addi#Iona!sheet if-reeeded.D 3349
TITI E(S)

15
3. TYPE OF FILING
Regular Ruiemaking (Gov.
Code §71346)
u Resubmittal of disapproved or
withdrawn nonemergency
filing (Gay. Code §§173493,
11349.4)
I-"`1 Emergency (Gov. Code,
~—~ §11346.7(b))

~ Certificate of Compliance:The agency officer named
below certifies that this agency complied with the
provisions of Gov.Code §§17346.2-17347.3 either
before the emergency reguiatio~ was adopted or
within the time period required by statute.

❑Emergency Readopt(Gov.
Code, §11346.1 ih))

❑Changes Without Regulatory
Effed (CaI. Code Regs., title
~~'C ~~~~~~
1, §100)

~ File &Print

~ Print Oniy

~ Resubmittai of disapproved or withdrawn
emergency filing (Gov. Code, §17346.1)

Other (Specify)

4. ALL BEGINNING AND ENDING DATES OF AVAILABILI'il'OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RUIEMAKING FILE itai. Code Regs. title 1,§44 and
5. EFFECTIVE GATE OF CHANGES {Gov.Code,§§ 71343.4, 17346.7(d); Cal. Code Regs., title i,§100)
§70o Changes Wichou[
Effective January 1, April 1, July 1, or
Effective on filing with
~ Regulatory Effect
October 1 {Gov. Code §11343A(a))
~ Secretary of State

~O~u~
~ C
~d

f~
~'
~~'~
~rP1'L~c+~_.~_ ~
—
~~_~~_~
_._
~~'k'~"~
Gov.Code §i 1347J)

Effective
~ other(Specify)

_

__ _

ENTITY
6. CHECK IF THESE REGUTATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR

(SAM $6660)
Department of Finance(Form STd.399)

u State Fire Marshal

~ Fair Political Practices Commission

Other (Specify)
7. CONTACT PERSON

TELEPHONE NUMBER

FAX NUMBER (Optional)

Joshua Jugum

916 445-2228

916 324-6075

g~

1 certify thatthe attached copy of the.regulatian(s)is a true anti correct copy
of the regulations}identified on this farm,that the information specified on this form
is true and co„~rr~~ ~rrnl°~t t 1 am the head of the agency taking this action,
ag ' cy,and am authorized to make this certification.
ar ~ ¢les~gnee of the head of

_ _._~ . _—
SIGNATURE OF AGENCY HEAD. QR DESIGNEE ~_

SCOTT KERNAN,SECRETARY

DATE `

/~

For use by

E-MAIL ADDRESS (Optio~ap

[e-mail]
only

TEXT OF PROPOSED REGULATIONS
In the following, underline indicates new text and ~*^'~ indicatesdeleted text.
California Code of Regulations,Title 15, Division 3.
Subchapter 4. GENERAL 1NSTITUTIOY REGULATIONS
Title of Article 7.5 is amended to read:
Article 7.5. ~'~^•~rAdministr•ation of Dcath Penalty
333). 1~~lethod ot~ ~Yecution.
Subsections 33~9(a) through 33.19(d) are amended to read:
(a) Inmates sentenced to death shall have the opportunity to elect to have the punishment imposed.
by
lethal `gas oi- lethal injection. Upon being scr~-eci with the Execution W~an~ant ~T~,the inmate
shall be seiti~ed with
Y~~~~~-- GDCR Forn7 1801-B (P~e~~. O1/18). Service of Execurion Wat~-ant, Warden's Initial
~nteruiew
tivhich is :incorporated by reference. The completed CDCR Fonn 1801-B shall be transmitted to the San
uentin Warden.
(b} The inmate shall be notified of the: opportunity ~~ ~~•^~ ~~'~"*~~~, to elect lethal has or Iethal
injection
and that, ifthe inmate does not choose either lethal gas or let~~al injection within tencalendar days
after
bein; served with the Eexecution Wes=arrant,. the penalty of death shall be imposed by lethal injection.
The
inmate's attestation to this service and notification shall be made, in writing and ~vitnessesd utilizing
the
CDCR Fornl 1801 (Rev. 4'3S X 1/18), Notification of Execution Bate and Choice of Execution
I~~ethod
~~~hich is ii~coi-~orated b~~ reference. The completed CDCR Forn7 1801 shall be transmitted to the
San
uentin ~V~=arden.
(c) The iiunate's selection shall be made in ~vritin~ and ~~~itnessed utilizin~~ the CDCR Forte
1801-A
{Rev. 4~9-SOl/18}, Choice of Execution I~lethod. ~chich is incoi-porat~d by reference. The completed
CDCR Form 1801-A shall be transmitted to the San Quentin ~V~arden.
(d) The in~liate's electiun shall be inevocabl~,, tivith the exception that, if the inmate sentenced to
death is
nit executed
'" 'ti ~ r ~
r~ within the 10 da~period specified by the Exeeution V~%arrant
and a new Eexecution Warrant is issued a^*=. _c ~-„'-~~l~~r+'; ~_+, the
,
sew inmate again shall have the
opportunity to elect to have the punishment imposed by lethal gas ar lethal injection, according
to the
prUcedures set forth in Sections(a),(b), and (c}.
NOTE: Authority cited: Sections 1227 3604 3604.1 `and 505$,'`'Penal Code.
Reference:
Sections 190, 1227, 3603, 3604 and 5454, Penal Cade.
1Vrew Section Title 3349.E is adopted to read:
3349.1_ .Definitions
Ne~v 3349.1 Presentence is adopted to read:
Far the purpose of Subchapter 4, Article 7.5, the following definitions shall apply:
Text of Regulations Lethal Injection

January 2b,2018

1

New Subsections 3349.1(a) through 3349.1(v) are adopted Yo`read:
responsible
~a) Administrative Assistant -Public Information Officer means the staff member'or members
for responding to media inquiries and other duties as assigned.

ilitation
where a
(c} Desi~natecl Secz~rity Haz~sin~ means the area desiHated by the San Quentin Warden
condemned inmate shall be housed prior to the initial scheduled execution date.
Chief
~d) Execzrtion Report means the documents the Team Administrator routes through the San,Quentin
. The Execution
Deputy Warden for the San Quentin Warden's review and signature after an execution
Infection Infusion SubReport shall include: a CDCR Form 2177-A San Quentin State Prison Lethal
Team Execution Log —Pentobarbital or CDCR Form 2177-B San Quentin State Prison Lethal Injection
Infiision Sub-Team Execution Loa. —Thiopental, CDCR Farm 2179 San Quentin State Prison Lethal
Infection Intravenous Sub-Team Execution Log, CDCR .Form. 2181 San Quentin State Prison Lethal
Infection Team Administrator/Team Supervisor Execution Loa, CDCR Form 2182 Lethal Infection Team
Supervisor Execution Report, CDCR Forms 2183 Execution Report Team Member from all Lethal
Injection Tearn members, and any documented use of force in accordance with Section 3268.1, Reporting
and InvestiQatinQ the Use of Force for Institution/Facility Staff. In addition, the Execution Report shall
include all appropriate supplemental reports.
(e) Execution Warrant means the court order specifvin6 a period often days during which a judgment of
death shall be carried out pursuant to Penal Code Section 1227.
(fl Infaasion Control Room means the space allocated for the Lethal Injection Chemical preparation area
and is the room designed to accommodate the Infusion Sub-Team designated members of the Intravenous
Sub-Team, the Team Administrator, Team Supervisor, designated members of the Record Keeping Sub_
Team, San Quentin Litigation Coordinator, and one representative each from the Governor's Office, the
Lector General's Office, and the Attorney General's Office.
(g~ Inficsion Sub-Team means the Lethal Injection Team members who are responsible for receiving the
Lethal Injection Chemical, preparation of the Lethal Injection Chemical, drawing the Lethal Injection
Chemical into syringes, labeling and color coding the s rimes and infusing the Lethal Injection
Chemical
(h) Intravenous Sub-Team means the Lethal Injection Team members who are responsible for: placin
electrocardiogram leads, insertion of the intravenous catheters, attaching and monitoring the intravenous
lines, performing consciousness checks, and crimping uncoupling, and detaching the intravenous lines.
~i) Lethal Injection Chemical means a barbiturate used to perform an execution.
t=compounding pharmacy,
(i) Lethal Injection Chemzcal Supplier means a licensed pharmacy, pharmacis
manufacturer, supplier, wholesaler, or distributor.
of three witness
~kl Lethal Infection Facility means the dedicated structure at San Quentin cansistin~
viewin,, rooms, an Infusion Control Room, the Lethal Infection Facility Holding Area, restrooms and the
Lethal Injection Room.

Text of Regulations Letha( Injection.

January 26, 201&

2

(11 Iethal Irriectio» Facility H~ldin~ Area means the cell and associated area where the inmate is held
prior to an execution.
~T
(m) Letlzul h~iectiofz Roon1 meals the room tivhere the inmate is executed
(n) I,~tl~crl Irr~ection Tearrr means the individuals that comprise tl~e Three sub-teams described in this
Article.
~o) ~Lf~as~te~~• E.a-ecirtion File Means the ~erinanent record of all documents related to an execution that is
maintained at San Que~ztin.
(p) A7inis~ter~s ofthe Gos~t~el means a person set~vin~ as an aQeni specific to a systern of beliefs secula~~ or
nth~r~x~i cry

{ql Pre-Executioj~ I_o~book means a recol•d of documentation of the conder~ined inmate's acti~~ities
requests. coliduct and behavior which shall commence upon receipt of the Execution Warrant
(r) Kecorc~' I~eez~ii~zg Si,rb-Tea~~t means the Lethal Infection Team members who are responsible for
documenting each element of the execution and fog• assembling those documents for- inclusion in the
Master execution Pile.
Pa»el means the Associate Director Reception Centers the San Quentin W

{t) Sz~i~•iti~al l~c~'vi.sor• means a gerson who by profession or ~~ractice ~~rovide~ spiritual ad~~iee assistance
or guidance, religious or otherwise.
_~) Tecarr~ ~Idr~7irzislruto~~ means the Associate Warded who is responsible for providing i~iana erial
oversi~,ht of tl~e Lethal Injection Team's training pl-eparation and the performance of assigned duties
during an execution.
(v) TeC7m Szr~~er•vis~r means the Captain who is responsihIe for ~rovidir~~ direct supervision of the Legal
Injection Team's tT~aiilin~ ~~t-eparatio~i and performance of assigned duties durin~an execution
NOTE: Authority cited: Sections 122 3604 3604 1 and 5058 Penal Code Reference• Sections 190
1227, 3600, 3601, 3602. 3603, 36 4 3 05 3607 3700 5 anc~ 5054 Penal Code• Baze u Rees X2008) 553
U.S. 35 and Towery v. Brewer(201272 F 3d 650
New Section Title 3349.2 is adopted toread:
3349.2 Recruitment, Selection and Annual Review of Lethal Injection Team Members
New Subsections 3349.2(x) ti~e•oi~gh 33~9.2(a)(2)(E) ai•e adopted to react•
~a) Recruitment and Selection Process.

Text of Regulations Lethal Injection

January 26,201$

3

the
(A) The Selection Panel shall review qualifications of, interview, and recommend candidates for
the
Tearn Supervisor and Lethal Injection Team members. All recommendations shall be subiect to
Director —Reception
review and approval of the Director Division of Adult Institutions. The Associate
Centers shall chair the Selection Panel and ensure the Team Supervisor and Lethal Injection Team
members are selected consistent with the criteria established in this section. After selection of the Lethal
Infection Team members the Team Administrator shall assign each'member to one of the followi~1 SubTeams: Intravenous Sub-Team, Infusion Sub-Team, or Record keeping Sub-Team pursuant to the criteria
as set forth in subsection (d) below. Each sub-team shall have a minimum offour members.
~B) The Team Administrator shall select an Intravenous Sub-Team leader from among the Intravenous
Sub-Team members. The Intravenous Sub-Team leader shall be qualified in his or her profession to
supervise medically trained personnel. The Intravenous Sub-Team .leader shall be .responsible for
assessin~~erformance of each Intravenous Sub-Team member during training and executions, and
reportin any concerns about any Intravenous Sub-Team member to the Team Administrator and the
Team Supervisor.
~C) The Team Administrator shall select an Infusion Sub-Team leader from among the Infusion SubTeam members. The Infusion Sub-Team leader shall be qualified in his or her profession to supervise
medically trained personnel. The Infusion Sub-Team leader shall be responsible for determinin training
curriculum for duties identified in subsection(d~2) for the Infusion Sub-Team, assessingperformance of
each Infusion Sub=Team member duri~ training and executions, and reporting any concerns about any
Infusion'Sub-Team member to the Team Administrator and the Team Supervisor.
(D) The CDCR may contract with medical bersonnel or a pharmacist to be members of the Lethal
Infection Team: The CDCR may also contract with a physician to serve as the physician attending the
execution to' declare death.'`Contract personnel sha1T meet all the criteria set forth in subsections (b),(c},
and d .
(E1 Names and identities of the Lethal Infection Team members shall remain confidential.
New Subsections 3349.2(b)through 3349.2(b)(3)(B)2. are adopted to read:
(b) Screening of Lethal Infection Team Candidates.
~ 1) The Selection Panel shall screen and ensure each candidate meets the criteria established for
-teams as set forth in subsection (d)below.
membership on one of the three designated sub'
~2) The Selection Panel screeningprocess shall include:
~A) Review of all the state employee candidate's available performance evaluations.
~B) Review of the state emplo e~andidate's official personnel, supervisory, and trainin f~ files•

Text of Regulations Lethal Injection.

January 26, 2018

4

(C) Review of the candidate's current Criminal Identification and Information Report from the California
Department of Justice. (3~ As part of the screening process, the Selection Panel shall interview each candidate to determine the
follo~~in~:
~A~ Personal history and background.
(B~ Professional experience, including the follo~~~in~:
1. Professional experiences that wotiald a2d the candidate in performing Lethal InLe~ction Team member
duties.
2. Knowledge,c_om~osure, training, related skill and abili~.
New Subsections 3349.2(c) t~roagh 3349.2(c)(2) are adopted toread:
(c) Criteria for Lethal Injection 'Team membership. Each Lethal Injection Team member shall be selected
based on eneral qualifications and specific expertise necessary to effectively carry out the duties of one
ofthe specialized scth-team functions.
(1}The foliowin~~eneral criteria shall be utilized in the selection of all state-employed Lethal injection
Team members;
fA~ Permanent full time CDCR em~lo
(B~ History of reliablejob performance and professional demeanor.
(C~FZeliable attendance record.
~D~ No corrective action.
(E)No sustained adverse action as reflected in the CDCR Official Personnel file or State Personnel Board
records.
(F) Most recent annual em~lovee performance evaluation shall meet or exceed expected standards in all
rated areas.
(G) If a CDCR employee, shall not be on probation in the candidate's current classification. This does
not appl~to promotions made subsequent to initial placement on the Lethal Infection Team.
tH) A member of the Lethal Injection Team must a.~ree to not work or be assigned to any condemned
housing unit. This includes and overtime.
~2) For contracted team members, verification of cw-rent lieensure and review of and disciplinary action
taken by any licensin board.
Nevi Subsections 3349.2(4) through 3349.2(4)(3}(B) are adopted to read:
(d1 In addition to the general selection criteria described in subsection 3349.2(cl, each candidate far a
specific Lethal Injection Team Sub-Team shall meet the following criteria:
Text of Regulations Lethal Injection

January 26, 20.1:8

5

, ph siy cian
(1Z All members of the Intravenous Sub-Team shall be medically trained personnel• physician
assistant, registered nurse, emergency medical technician, paramedic, or medic.
ability
~A) Intravenous Sub-Team members shall provide current certification and licensure to verify the
t~erform the following:_
1. Insertion and maintenance of intravenous catheters into peripheral or appropriate veins.
2: Placement of the electrocardiogram leads used during the lethal in'ec~ tion process.
~B) Intravenous Sub-Team members shall have experience settin~up intravenous lines in the last twelve
months in the performance of their job duties, unrelated to their duties as a Lethal Injection Team
member.
(2} Infusion Sub-Team shall have at least one member who is a physician, physician assistant,
pharmacist, registered nurse, emergency medical technician, paramedic, or medic. All Infusion SubTeam members shall:
~A) Be able to follow the directions provided by the Lethal Infection Chemical Supplier in preparing the
Lethal Injection Chemical.
(B) Possess the organizational skills to appropriately label and color code the chemical used during the
lethal injection. rop cess•
(3) Record Keeping Sub-Team members shall
(A) Understand the importance of and how to keep accurate records during the lethal infection process.
(B) Demonstrate proficiency in report writing and record keeping
New Subsections 3349.2(e) through 3349.2(e)(4} are adopted to read:
(e) Annual Review of the Lethal Injection Team members shall be conducted in order to ensure continued
compliance with selection criteria. The annual review shall be conducted by the Team Administrator
during the month ofJune. This shall include review of the following_;
(1) Official personnel, supervisory and trainingfiles, if a state employee.
(2) Most recent performance evaluation, if a state employee.
3) Criminal Identification and.Information.Report.from the California Department of Justice.
4) All related certifications and licensure to ensure they are current.
NOTE: Authority cited: Sections 3604, 3604.1 and 5058, Penal Code. Reference:: Sections 190, 3600,
3603 3604 and 5054 Penal Code• Section 19130 Government Code• United States Constitution
Amendment VIII; California Constitution, Art. l; Sections 1, 17 27; Depth-Penalty Case Protective Order
dated 4/3/06, Morales v. Woodford, U.S. District Court Northern District of California (No. 5:06-cv00219-7F)•
Text of Regulations Lethal Injection

January 26,2018

6

New Section Title 3349.3 is adopted to read:
3349.3. Lethal Iniectian Team Training.
New Subsection 3349.3(a) is adopted to read:
~a) The Team Administrator sha11 ensure training on the lethal in'ect tion process is provided to each:
Lethal Injection Team member.
New Subsection 3349.3(b) is adopted to read:
(b~ Each Lethal Injection Team member shall undergo trainingspecific to their assigned duties durin~an
execution.
New Subsections 3349.3(c)through 3349.3(c)(5) are adopted to read:
(c~Lethal Injection Trainin~Session Requirements.
~l) Training sha11 be conducted at least once. per month for a minimum of eight hours for all Lethal
Infection Team members. Training dates will be scheduled by the Teai~i Supervisor and approved by the'
Team Administrator and the Say Quenti~~ Warden. The Team Su~e~-eisor shall. determine ti•aiiling
curriculum for the record Keevii ~ Sub-Team and trainu ~ for' the Intravenous Sub-Team and Infi~sio~
members must participate in all scheduled training, as specified, unless on ap~~roved leave. The Team
Supervisor sha11 attend ~ll Lethal Injection Team training, unless on ap~rove~d leave.
~2) After an Execution Warrant has been served on an inmate, the Team Administrator shall enstu-e the
Tearn Supervisor schedules training in the 30 calendar days immediatel~t~receding the initial scheduled
...execution date,
ins mt_

r .mot -a r. --'~
'

-- m.

_~.

~~ ..

_

r_

..~

_

..i.

_

..•

-

-.i

._ ~_

~

_..

~• ..~

r•_.

the.initial scheduled execution date.

(S) Anv medical personnel who serves as the physician attending_,the execution, includin~~ one contracted
pursuant to subsection 3349.2(a~(2)~D) must participate in at least one training; session in the sip months
precedin t~ he initial scheduled execution.date and participate in each of the three daily training sessions
immediately precedingthe initial scheduled e~ecutian date.
New Subsections 3349.3(d)through 33~ty.3(d)(2) are adopted to read:
~d) Training for all Lethal Infection Team members shall include the following:
,~l~A simulation of'an executionbv lethal injection.
{2) Identification of~potential ~roblelns end recom~iiendations for avoidance or resolution.
New Subsections 3349.3(e) thxough 33=~9.3(e)(6) are adapted to read:
~e ~~rainin~LtaeeifictotheIntravenousSub-Team shall include the following:
Text of Regulations Lethal Injection

January 26, 20:1$

7

~1) Use of an electrocardiogram for vital si ns.
(21 Setting up intravenous lines and intravenous drip.
~3) The different sizes of intravenous catheters and determination of the proper size of the catheters to
be used, dependent on the size and condition ofthe vein.
~4) Performance of consciousness checks in accordance with Subsection 3349.7(c).
~5) Monitoring intravenous lines to ensure potency.
f61 Crimping, uncoupling, and detaching intravenous lines.
New Subsections 3349.3(f) through 3349.3{f)(5) are adopted to read:
(f? Training specific to the Infusion Sub-Team shall include the following:
(1) Preparation of the Lethal Injection Chemical used in the lethal infection rots cess'
(2)Level and rate of infusion of the Lethal Injection Chemical into the intravenous lines.
(3) Labeling and color coding ofthe s ringes used in the lethal injection process.
(4) Sequence of syringes used in the lethal in'ectt ion process and the physical effects the Lethal Infection
Chemical can have on the inmate as it is administered..
~5 Handling and accountability of the Lethal Injection Chemical.
New Subsections 3349.3(8)through 3349.3(8)(3) are adopted to read:
~~) Trainin~s_pecific to the Record Keeping Sub-Team shall include the following:
~l) Accurate record keeping.
(2~Report writing.
(3~ Preparation of specific records used to document an execution.
New Subsections 3349.3(h)through 3349.3(h)(2) are adopted to read:
(h) Training Documentation and Records.
(1) The Team Supervisor shall maintain a lethal infection training file. This training; file shall contain a
record of all lethal injection training sessions and shall be maintained in a secured location at San
Quentin. A copy of the records for training conducted the three calendar days immediatelypreceding the
Tl/motor ~i'von~i4i~r~ ~'i~o
inii'i o~ cn~o~i~~o~ nvnn»41~vs into a~o~~ ~n it~nlii~o~ in tea

(2) During each training session, the designated Record Keeping Sub-Team'member shall document the
training on the following CDCR Forms, which are hereby incorporated by reference: CDCR Form
2177-A (01/18), San Quentin State. Prison- Lethal Injection Infusion Sub-Team Execution Lag =
Text of Regulations Lethal Injection

January 26, 2018

8

NOTE: Authority cited: Sections X604 3604 1 and 5058 Yenal Code Reference Sections 194 360;
3604, and 5054, Penai Code; United States Constitution Amendment VIII• California Constitution Art
1 Sections 17, 27..
New.Section Title 3349.4.is.adapted to read:
3349.4 Execution Site Operation.
New Subsection 3349.4(a)is adopted to read:

New Subsections 3349.4(b)through 3349.4(b)(2) are adapted to read:
{b) Tl~e Lethal Infection Facility safe and lockable enclosure containing a refrigerator shall be
permanently mounted within the Infusion Control Room
(1) The combination to the safe shall be known anly by the San Quentin Warden the Sai~ Quentin C11ief
Deputy Warden, and the Train Administrator
~2) The combination to the safe shall be changed after each execution to maintain ~~ualitti~ control
aeeou»tability. and security of the Lethal Injection Chemical
Nevv SubsEctions 3349.4(c) tf~~~ougli 33~9.4(c)(4) are adopted to read:
(c) Kev Procedu~~e.
{1) T1~e~ keys for the Lethal Injection haeility shall be ln~ated izl the San Quentzn key control area in a
locked box secured under Mass. All access shall be ap rp Dyed by the San Quentin Warden o~• desicrlee
~2) The key allewin~ access to the rtockeu'~o~ shall only ~e issued ~o the fan {~uenti~l W'ar~len zj~e ~'nief
Depz~ty Warden, the Team Administ~~at~~- or the Team S~ipervisor
(3) Each t~erson authorized to draw the key to the locked boy: sha11 Ise required to sign the key eonti•ol log;
noting the time at key check out reason for entry into the Lethal Injection Facility ~~d time of key return
(4) Each person authorized to draw the keys to the Lethal In'ecl tiOri Facility shall t~ersonally retur•r~ the
keys and secure them m the locked box under lass
New Subsections 3349,4(d) through 3349.4(d)(4) are adopted to read:
(d) The Team Supervisor shall conduct and document monthly security and operational infections of the
Lethal Injection ~acility, to include the following:
(1) Functionality of equipment
(21 Sut~t~ly inventory
Text of Regulations Lethal Injection

January 26, 2018

9

~3 Building maintenance
~4} The Team Supervisor shall document the inspection on the CDCR Form 2137 (01/18), Monthly
Security and Operational Inspection Sheet, which is incorporated by reference.
NOTE: Authority cited: Sections 3604, 3604.1 and 5058, Penal Code. Reference: Sections 190, 3603,
3604 3605 and 5054 Penal Code• United States Constitution Amendment VIII• California Constitution
Art. 1 Sections 17 27.
New Section Title 3349.5 is adopted to read:
3349.5 Responsibilities and Tasks Uuon Receipt and Service of the Execution Warrant.
New Section 3349.5 Presentence is adopted to read:
Following CDCR's receipt ofthe Execution Warrant, the following shall occur:
New Subsections 3349.5(a} through 3349.5(d) are adopted to read:
(a) The Litigation Coordinator where the inmate is housed shall identify any pending litigation re ark ding
the inmate or the scheduled execution and advise the Warden of the institution where the inmate is housed
and the San Quentin Warden.
fib) The San Quentin Litigation Coordinator shall create a Master Execution File and insert a copy of all
documents transmitted between San Quentin State Prison and the California Department of Corrections
and Rehabilitation headquarters, the institution where the inmate is housed if other than San Quentin, or
any other agency or organization, pertaining to a scheduled execution.
Division of Adult Institutions, and other appropriate officials as necessary, within 24 hours of receipt of
the Execution Warrant. The Director —Division of Adult Institutions shall notify the CDCR Secretary
The CDCR Secretary shall notify the Governor's Legal Affairs Secretary. A co~v of the Execution
Warrant shall be; delivered.. to the Governor's Le,~al Affairs Secretary within 24 hours of receipt of the
Execution Warrant.
(d) The Secretary shall, upon notification ofthe Execution Warrant, select and appoint three Alienists, as
defined in Section 3349.1, to interview and evaluate the inmate to determine his/her sanity pursuant to
Penal Code Section 3700.5.. The Director —Division of Adult Institutions shall maintain a list of Alienists
with a minimum of six names.
New Subsections 3349.5(e)through 3349.5(e)(6) are adopted to read:
(e) The San Quentin Warden, in conjunction with the Warden of the institution where the inmate is
housed, shall:
(l)Coordinate transfer ofthe condemned male inmate to San Quentin State Prison.
(2 In the presence of an Associate Warden and the Litigation Coordinator of the institution where the
inmate is housed serve the Execution Warrant on the inmate to be executed interview the inmate' and
document the interview on a CDCR Form 1801-B (Rev. Ol/18), Service of Execution Warrant -Warden's
Initial Interview.
Text of Regulations Lethal Injection

January 26, 2018

10

(A) Inform the inmate of the choices of execution method either lethal injection or lethal as and
document on the CDCR Form 1801~Rev. 01/18 Notification of Execution Date and Cho2ce of
Execution Method.
(B} Instruct the inmate to indicate his/her election of execution method within ten calendar days of the
inmate's receipt of the CDCR Form l 801-A (Rev Ol/18) Choice of Execution Method with the
explanation that if no election is made lethal injection will be the method of execution
{C) Provide the inmate a copy of CDCR Firms 1801-C (01/18) Request Fir Approval of Witnesses
1801-D (Olii$}, Last Meal Request and 1801-F (Ol/1S) Release of Remains end Burial Arrat~gen~ents
which are hereb incorporated by reference.
(3) Ifthere is good reason to believe that a conaeiiined female iruiiate made pre~naslt notifxthe District
Attorney pursuant to Penal Code Section 3705 and comply with the provisions of Penal Code
Section 3706.
(4) Ensure the inmate has a copy of the current California Code of Re ulatians Title 15 Division 3 for
review of general Mules and procedures that sha11 be utilized during the days Ieadin~ u~~ to the date of
execution.
(5) Ensure .the apt~ointed Alienists have access to interview and evaluate the inmate pursuant to Penal
Code S~ctior3 3700,5.
6 Ensure any information received which ma be relevant to the inmate's sanit is immediate) made
available to the Alienists p~r~el.
Nev~~ Subsections 3349.5(f~ trough 3349.5(f~(2)(E) are adopted to-read:
~f~ The San Quentin Warden shall:
(ll Set the initial date a~ld time tar execution. The Execution Warrant shall specify a peri~c~ of 10 days
duxin~ which the iud~nient shall be executed. The execution may be c~a~~ried out a~ any time within this
ep riod.
~2) if the iiunate~ has cl~c~sen lethal in}ecti~ii on the CBGR Form 1801-A Choice of ~~ecution IV~etliod__
or
made no choice, select the Lethal Injection Chemical
(A~ Lethal I~liectit~n Chemical selection sha11 be dine on a case-bv-case basis taking into account
ehan~in~ factors such as the availability of a supply of chemical. Tl~e San Quentin Warden shall make
the selection in consultation with medical ~~e~sonnel and notify the CDCR Secret~ry of the selection.
(B) CDCR may crn~tract with medical personae) to assist with chemical selection Medical personnel
shall be a Medical doctor clinical tohicologist pharn~lacolo~i~t anesthesiologist or other appropriate
expert.
(C} The San Quentin Warden shall determine which chemical shall be utilised to perform the ekecution
and document the selection on the CDCR Form 1801-A (Rev. 01/18 Choice of Execution Method)
CDCR considers the listed chemicals to be equally effecfiive in carrying out the purpose of the regulations
The San Quentin Warden shall select one chemical iTom the follow~~or any flame that tl~e~y ~i1av be`

Text of Regulations Lethal Injection

January 26, 20.18

11

known or sold by including their pharmaceutical name, foreign name, generic name, trade name or brand
name
Barbiturates:
• Pentobarbital
• Thiopental
ical Sunbler as defined in subsection 3349.1(il.

considered for selection.

•f execution by a court with jurisdiction. the

New Subsections 3349.5(f)(3) through 3349.5(f)(9) are adopted to read:
~3) Inform the Warden of the institution where the inmate is housed of the Lethal Injection Chemical
selection.
L) Inform the inmate of the scheduled execution date, that he/she shall be executed by lethal in'eci tion,
the Lethal Injection Chemical and amount to be used, document this information on the CDCR Form
1801_A (Rev. Ol/18 ,Choice Of Execution Method, and provide a copy of this form to the inmate.
(5) Meet with the Team Administrator, who shall notify the Team Supervisor and the Lethal In,~ection
Team members of the Execution Warrant.
(6) Ensure the Team Administrator, the Team Supervisor and all Lethal Injection Team members
involved in the lethal in'eci tion process understand their roles in the scheduled execution by reviewing the
following:
(A Training session performance assessments.
~B) Most recent staff performance in job duties for state-employed team members to include annual
personnel evaluation and any corrective or adverse action, and an~disciplinary action taken by a state
licensing board against any team member.
~C Any other information or concerns expressed b, the Team Administrator, Team Supervisor or Lethal
Injection Team Member.
(D Any other information that causes the San Quentin Warden to believe persons identified in subsection
~6) may be unprepared or unable to~perform the duties during a scheduled execution.
X71 Refer the inmate to the Intravenous Sub-Team for a vein assessment to determine the size, location,

rolling veins, hardening of veins, bruising, vein or bone trauma. The alternate backup location maw

~8) Ensure all. institution staff members with specific lethal injection responsibilities are notified of the
Execution Warrant.
Text of Regulations Lethal Injection

January 26, 2018

12

~9) Select witnesses pursuant to Penal Code Section 3605;
New Subsections 3349.~(g)through 3349.5{g)(1)(C) are adopted to read:
~~L;Following service of the Execution Warrant, the Warden ofthe institution where the inmate is housed
shall ensure the following occur by the designated staff:
(1) The Associate Warden ofthe unit where the inmate ishoused shall:
~A~ Ensure the condemned unit staff create aPre-Execution Logbook and at a minimum, conduct hourly
checks and document the inmate's activities, requests, conduct and behavior in the inmate's PreExecution Logbook.
~B) Il~nmediatelY report any behavior that is bizarre or unusual fo1• anv inmate o1- tulcl~aracteristic for the
particular irnnate in writing o~1 CDCR Form 128-B(
4/74), Getleral Chrono, which is iticorpor~ted by
reference, to the Warden of the institution where the inti~ate is housed the San Quentin Warden, and the
Alienists.
~C~ Visit the inmate's housing unit dail a~ nd sign in on the inmate's Pre-Execution Logbook with each
visit.
New Subsections 3349,5(g)~2) through 33495(g)(2)(F.) ai•e ado~~ted to read:
(2} The Correctional Cotunselor II —Condemned Unit at the instit~~tion where the imnate is housed

sha1L

(A~ Maintain daily contact with the inmate and document the inmate's conduct and behavior in the
inmate's Pre-Ehe~cution Logbook. Immediately report any behavior that is bizai-~~e o~~ unLisual for• any
-inmate or uncharacteristic for the particular inmate iii writin~~to the Associate Warden of t~~e institution
where the inmate is housed the Warden of the institution where the inmate is housed tl~e San Quentin
warden, and the Alienists.
~B) Update the in~~iate's Notification In Case Of Inmate Death, Serious Injury Or Serious Illness in the
Strategic Ot~ender Man~~cine~it System as defined in Scetio~i 3000.
(Cl Submit a report to ihe_ San_Quentin Warden via the Warden of the i~~stitt~ti~n where rll~: inmate is
housed consisting a review of the inmate's case factors and an~bservations of the inmate documented
of
the assigned Coi•~•cefional Counselor• Iand/or custody staff to determine the inmate's past and present
by
conduct end behavior for inclusion in the CDCR Form 2173 (O1/l8~ 20-Day Pr•e-~xec~ution Report,
which is inco~oiatea 1~~~ reference.
~D) Collect the completed CDCR i'orms l 801-C (O1/1 ~), Request For Approval of Witnesses, ]801-D
~Ol/l 8), Last Meal Re~~st ~31d 180 -F (01/18). Release of Remains and Burial Arrangements, within ten
calendar days of ~rovidin~the forms to the inmate and forward them to t1~e Liti atg ion Coordinator at the
institution where the inmate is housed.
~E} Ensure all non-legal .and nan-Spil•itual Advisor telephone calls made by t11e inmate on an institutional
telephone are monitored. Leal and Spiritual Advisor• ca11s shall not be monitored but s}lall be facilitated
b~staff. All calls sha]1 be fogged in fhe inmate's Pi•e-Execution Lo b~ ook.
New.Subsections 3~495(g)(3)through 3349.5(gj(5)(B) are adopted toread:
Text of Regulations Lethal Injection

January 26, 2018:

13

~3) The Litigation Coordinator at the institution where the inmate is housed sha1L•
.

~A) Ensure approval for visiting is on file for the inmate's attorneys) and notifythe Visiting Lieutenant

(B} Notwithstanding Section 3178 schedule attorney visits expeditiously upon request of the inmate's
attorne s .
~4) The Warden's Administrative Assistant-Public Information Officer at the institution where the inmate
is housed shall act as liaison between the inmate's family and the Warden of the institution where the
inmate is housed.
~5) The Visitin~Lieutenant at the institution where the inmate is housed shall:
(A~ Ensure that the attorr~ey~s} for the inmate is afforded expeditious access to the inmate. This may
include facilitating attorney visits during weekends and holidays as necessary
~B} Arrange for visitingpursuant to California Code of Regulations, Title 15, Division 3, Subchapter 2,
Article 7, Visiting.
New Subsections 3349.5(h)through 3349.5(h)(5) are adopted to read:
(h

Sanity Review pursuant to Penal Code Section 3701.

(1) Attorneys may submit in writing any information they believe may have a bearing on evaluating the
sanity of an inmate with a scheduled execution date at any time prior to the scheduled execution. This
information shall be submitted to the San Quentin Warden who shall forward it to the Alienists.
(2} The Warden where the inmate is housed shall have available for review all psychiatric information
pertaining to the inmate known to `psychiatric staff. This information shall be submitted to the San
Quentin Warden who shall forward it to the Alienists.
(3) The information in Subsection (h)(1 and (hZ2), together with anY information forwarded to the
Warden of the institution where the inmate is housed or the San Quentin Warden re ag rdin~~ the inmate's
conduct or behavior, shall be used to determine if there is a food reason to believe the inmate has become
insane at any time, pursuant to Penal Code Section 3701. Should the San Quentin Warden, in
consultation with the Alienists, find there is a food reason to bel eve'the inmate has become insane at any
time, the San Quentin Warden shall notify the District Attorneypursuant to Penal Code Section 3701; via
(01/18);' Notification. By Warden To The District Attorney Concerning Sanity of
a CDCR Form 2174'
Condemned Inmate, which is hereby incorporated by reference.
(4) The Warden where the inmate is housed and the San Quentin Warden shall notify the Director —
Division of Adult Institutions and the Secretary of CDCR of any notification to the District Attorney
concerning the'sanity of the condemned inmate.
~5) The Secretary of CDCR shall notify the Governor's Leal Affairs Secretary in writing of all referrals
to the District Attorney's'office pursuant to Penal Code Section 3701.
NOTE: Authority cited: Sections 636, 1227, 360; 3604.1; 3605; 3700.5, 3701'; 5058, Penal Code,
Thorbur~n et al. v.
Glossip v. Gross (June 29, 2015, No. 14-7955) 576 U.S. [135 S.Ct. 2726, 2321
T~OY1l1N/

/1~1 /1NN0!'fTnYIQ

of nl (TQARI FiFr (`al Ar~r~ dth`-17Rd•

A~lnrrrlo~ v Tiltnvr (7(1(1F~1 d(~S F Cnriri 2r1 A/7'

January 26, 2018

14

Text of Regulations Lethal Injection

983. See also Heckler v. Chanev_~1985 470 U.S. 821; O'Brvan v. McKaskle,~5th Cir. 1984729 F.2d
99:1; Abdur'Rahmaf~ r. Brede:cen, l 81 S.W.3d 292 Tenn. 2005~cert. cleniec~, 126 S.Ct. ?288, 164
L.Ed.2d $13 ~LJ.S. 20 6); .State v. De~~uty, {Del: Super. Ct. 1990 644 A.2d 411. 1LIorEzles i~. Hickman,
Case Nos. C 06 21.9 JF and C 06 926 FJ RS, Document 1~To. 78 (February 21, 2006 Order oi~ Defendant's
Motion to Proceed with Execution Under Alternative Condition to Order Den~in~ Preliminary
Iniunetion~. Refer~n~e; Sections 190, 636, 1227, 3600, 3601, X602, 3603, 3604, 3604.3, 3605, 3700,
3700.5 3701 3702 3703 3704, 3705, 3706 and 5054 Penal Code United States Constitution
Amendment VIII; California Constitution, Arta 1, Sections 17, 27, Toi~~e~-v v. Brewer(2012)672 F.3d 650.
New Section Title 3349.6 isadopted to read:
3319.6 Chronolo~v of eventsafter Execution Warrant has beenserved.
New Section 33 9.6 Presentence is adopted to rend:
Once the EXeeution Warrant has been served ot~ the. inmate the following shall occur leading up to
scheduled execution date. The proc~dur~s established in this section a1•e based on a timeline; howe~
timeline is subject to change if needed to accommodate unforeseen events.

,the

Ne~v Subsections 33~9.6(a) Through 3349.6(x)(5) are adopted to read:
~)Appro~iinatcly 20 calendar days prior to the initial schedules! execution date and time:
lsure
want

,,,,+;,~., :inn c

Each alienist shall comnl~te the CDCR Form 2173. attach his or }per independent nsvchiatric
California Women's Facility Warden.
~,3) Tl~e Alienists panel'shall 'submit to the Governorand the San Quentin Warden or, if the inTnate is
female, the Cerltra] California Women's Facility Warden, a co~v of the completed CDCR Forin 2173
(Ol/] bl, 20-Day Pre-Execution Report, and shall include a sunlinai°v of the examinations, interviews, and
history stated in plain l~noua~e
(4) The Sari Quentin Warden oi~, if the innate is female, the Central California Women's Facility
Warden, shall submit the completed CDCR Form ?173 (01 /18~, 20-.Day Pre-Execution Report with a'
cover letter, and t11e st~a~~~~1ar-~~ of the int~~ate's conduct az~c? ~ehavi~~~, subtr~itteU b y a Corecctiorlal
Counselor II Condemned Unit. to the Director —Division of Adult Institutions and the CDCR Secretary.
If the San Quentin Warden or'. iii the inmate is female the Central California Women's Facility Warden,
has good reason to believe the inmate has become insane after reviewin any of the three 20-DareE~ecution Reports, t11e~ San Quentin Warden shall notif~he District Attorney pursuant to Penal Code
Section 37Q1. A single Alienist's reUort c~uestioiung the inmate's sanity is sutticient to tri~~er the
requirement that the San Quentin Warden shall notifX the District Attorney. Tl~e notification shall be. via a
CDCR Form 2174 ~O1/18}, Notification By Warden To T11e District Attorney Cancernin~ Sanity of
Condemned Tnm~~te, which is hereb incorpoT•aCed by reference.
~5) The San~C,uentin Warden or, if the inmate is female, the Central California Women's Facility Warden,
shall furnish a copy of the report to counsel for the defendant zip~n his or her request.
New Subsections 3349.6(b) through 3349.6(b)(7)(B) are adopted to read:
fib) Approximately five calendar days prior to the initial scheduled execution date, the following shall
occur:
Text of Regulations Lethal Injection

January 26, 2018

15

~1) The San Quentin Warden shall ensure the condemned male inmate has been moved to the Desi ng ated
Security Housing area.. Condemned female inmates shall be transferred to San Quentin in accordance
with subsection(d)and will be housed in the Designated Security Housin ag rea upon arrival.
~2} The Warden'of the institution where the inmate is housed shall ensure the condemned inmate will be
under observation 24 hours a day by an officer assigned for that purpose.
(3)The Associate Warden where the inmate is housed shall ensure monitoring of the inmate's behavior is
continued by unit staff with documentation completed ever hour in the inmate's Pre-Execution Lobook.
~A) Should the inmate di~lav anv conduct or behavior that is bizarre or unusual for any..inmate or
uncharacteristic for the particular inmate, the Warden of the institution where the inmate is housed and the
San Quentin Warden shall be notified institutional staff.
~B) The Warden of the institution where the inmate is housed and the San Quentin t~Varden shall monitor
anv reported chap e~ s in the inmate's behavior utilizi~~the provisions of Penal Code Section 3701. If
there is ~,00d reason to believe that the inmate has become insane it shall be re op rted by the San Quentin
Warden to the Secretary of the CDCR in writing via the Director -Division of Adult Institutions in
addition to reportin~~it to the District Attorney.
~4) The Correctional Counselor II —Condemned Unit shall begin daily briefings. for the Warden of the
institution where the inmate is housed re~iardin~ the inmate's needs, requests, and behavior...
(5) The inmate shall have 24-hour access to a telephone for attorney contact. Leal calls will not be
monitored but shall be facilitated by staff. All calls shall be logged in the inmate's Pre-Execution
Logbook.
(6) Reli~~ious accommodations.
(A) State em 1~oYed Spiritual Advisors selected by the inmate shall be allowed to perform their spiritual
functions at the inmate's cell front between the hours of0600 to 2200 and b~elephone at an~ime.

0600 to 2200 or by telephone at anv time.

Meal Request.
~A)Accommodations for the last meal shall be reasonable and not exceed a fifty dollar ($50.00)limit.
(B) The Food Manager shall determine if food services can fulfill the request or make arrangements to
obtain the requested menu items.
New Subsections 3349.6(c)through 3349.6(c)(3) are adopted to read:
(c) Approximateiv three calendar days prior to the initial scheduled execution date:

Text of Regulations Lethal Injection

January 26, 2018

16

~1) The Team i~dministrator sha11 ensure that Lethal Injection Team members assigned to specific
functions begin daily training on their assignments All Lethal Injection Team members ciesig~natec~ as
backups shall be involved i11 trainin~~ for their specified backup functions
(2} The Team Su~aervisor shall schedule and conduct daily required t1-aini~l~ for the Lethal Injection
Team. The Intravenous Sub-Team leader or the Infusion Sub-"['eam leader shall conduct any trainin« that
requires medical knowledge.
(3) The Intravenous Suh-Team leader Infusion Stab-Team leader and the Team Su ervisor shad begin
daily assessments of the Lethal Injection Team members to ensure readiness for their assigned duties If
at any time the intravenous Sub-Team leader Infusion Sub-Team leader or Team Supervisor believes
Lethal Infection Team member may be unable to complete the assigned duties the Team Administrator
shall be notified, and the Lethal Injection Team member shall be excused fi~orn participation in the
scheduled execution.
New subsection 3349.6(d) is adopted to read:
~d) Pursuant to Penal Code Section 3602 condemned female inmates shall be transported to San Quentin
no sooner than 72 hours prior to the initial scheduled execution date A condemned female inmate sl~alI
be transported no`later than 12 hours prior• to the initial scheduled execution date and time The female
inmate shall be housed in the Desi~t~ated Secu~~iiv Housing area upon transfer t~ San Quentin
New Subsections 33~9.6(e) through 3349.6(e)(2)(C) are adopted to ~•ead:
Vie) Approximate1~ 24 hours prior to the initial scheduled execution date and time•
~) Tile San C~uentiil Warden shall confirm that all Lethal Injection Team members are fully prepared aizd
ready to perform their assigned duties by reviewing the following
~A Training session performance assessments.
(B) Most recent staff performance in job duties i'or state-einpl~}~ed team mez-nbel•s to include annual
personnel evalz2ation and a.m~ corrective or• adverse action and an~isciplinary action Taken by a state
liceiisin~ board against any team member.
~C) Anv other information or concerns expressed by the Team Administrator `I"eam Supervisor or Lethal.
Injection Team Member.
(D) Anv other information that cati2ses the Sat1 Quentin Warden to believe any team member may be
unprepared or unable to perform the duties during a scheduled execution
X21 The Team Administrator shall:
(A) Accornpanv tl~e "beam Supervisor and a Lethal Injection Team member to obtain the Lethal Injection
Chemical and complete tl~e CDCR Form ?176 (01/18) Lethal Injection Chain of Custody San Quentin
State Prison, which is hereby incorporated by reference to acknowledge receipt of the I ethal Injection
Chemical
(B) Ensure the LeChal Injection Chemical rs pr~erl~ontralled and secured in tale Lethal Injection
Facility safe or refrigerator.

Text of Regulations Lethal Injection

January 26, 2018 - <

1~

~C) Ensure the CDCR Form 2176 {Ol/18~, Lethal Injection Chain of Custody.San Quentin State Prison, is
completed upon anv'movement of the Lethal Injection Chemical: The original CDCR Form 2176 shall.
remain with the Lethal Injection Chemical. A co~,v of the form shall be'distributed to the San Quentin
Warden the San Quentin Chief De~ut~Warden, and forwarded to the San Quentin Litigation Coordinator
for alacement in the Master Execution File.
New Subsections 3349.6(f) through 3349.6(f~(2) are adopted to read:
~~ A_pproximatel~six hours prior to the initial scheduled execution date and time:
(1) The Team Supervisor sha1L•
(A) Brief the inmate on execution procedures.
~B~Supervise the movement ofthe inmate to the Lethal Infection Facility Holding Area ce1L
(C) Secure the inmate in the Lethal Injection Facility Holding Area cell...
~D) Ensure assigned custody staff provide direct and constant observation of the inmate in the Lethal
Injection Facility. Holding Area and document. all of the inmate's activities, requests, conduct, and
behavior in the.inmate's Pre-Execution Logbook with entries made. approximately every 15 minutes.
(E)Ensure the last meal is delivered to the Lethal Infection Facility, inspected for contraband and served
to the inmate in the Lethal Injection Facility. Holding Area cell.
~F) Inform the inmate the~ma ret~uest additional food.items, coffee, juice and soft drinks, programs on
the radio or television, phone calls and maiIin~ of letters.
(2) Once the condemned inmate is secured in the Lethal Infection Facility holding area cell, visiting with
the exception of an Attorneyand a state emplo ey_d_or_pre-approved non-state employed Cha,~lain or
Spiritual Advisor, shall cease. No visitation shall occur between the hours of 2200 and 0600.
New Subsections 3349.6(8)through 3349.6(g)(2)(B) are adopted to read:
(g~ Approximately three hours prior to the initial `scheduled execution date and time, the foliowin~ shall
be initiated:
(1)' The Team Supervisor sha1L•
~A) Ensure that all visiting shall cease. Attorneys and Spiritual Advisors may have access to the inmate
b~phone as requested by the Attorney, Spiritual Advisor, or the inmate.
initiates documentation on the CDCR Form 2181 (01/181. San Quentin State Prison Lethal Infection Team
- -'~'~- --r- -. _--

Sub-Team shall verif rapt of the designated Lethal InLection Chemical
the CDCR Form 2176(01/18), Lethal Infection Chain of Custody San Auer,

Text of Regulations Lethal Injection

January 26, 2018

time

si

18

Loy — "Thiopental, upon receipt of the Lethal Injection Chemical by the Infusion Sub-Team members aild
continue observation and documentation throughout the execution
aci i v o m~ rea an s a a vise t o inmate o the following•

_--

(A) A written last statement maw be_prep~ed by the inmate which will be made a~~ailable after the
execution.
(B) A sedative ma be requested and if approved by a physician. the sedative shall be administered
under the physician's direction.:
New Subsections 3349,6(8)(3) through 3349.6(g)(4)(F) are adopted to read:
{3) The Lethal Infection Chemical.shall be prepared acc~rdin~ to the instructions nr~vided by the T,ethal

{4)Preparation for adniinistrati~n ofthe Lethal Injection Chemical shall be as follows•
(A) If Pentobarbital is the designated Lethal Injection Chemical it shall be administered by means of
three svrin~es for a total of'7.S gams. A fourth syringe shall be ,prepared with a saline flush
~B) If T}iiopental is the designated Lethal I12ject~on Cheizlical it shall be ad►~~inistered by means of ~~~e
syrzn~es for a total ~f 7.5 grams A silth syringe shall be prepared with a saline flush
~C) The infusion Sub-'I'eam~shall prepare the Lethal I~jeetion Chemicalfor administration as follows•
1. Three identical trays shall be :prepared. :Each tray shall contain a total of 7 5 gams of the Lethal
In ection Chemical.
2. Tray t~ shall be color-coded red and shall be the primary tray used for the lethal infection process
3. Tray B shall be colored-coded blue and shall be the backup tr~~
4. Tray C shall be color-coded vello~~- and shall be tine alternate backup tray

1. Three svrin~es, each containiu~ 2.5 grams of Pentobarbital shall be labeled #A-1 #A-~ and #A3 for
Tray A,#B-1,#B-2, and #B-3 for Tray B
rand #C-1 #C-2 and #C-3 for Tray C
2. Svrin~e #4 shall contain a saline flush and be labeled #A-4 for Tray A #B-4 for Tray B and #G4 for
__
Tr_.~XC

Text of Regulations Lethal Injection

January 26, 201$

19

1'. Five s~in~es, each containing l.5 grams of Thiopental, shall be labeled #A-1,#A-2, #A-3, #A-4, and
#A-5 for. Tray A,#B-1, #B-2 #B-3,#B-4, and #B-5 for Trav B, and #Gl,#C-2,#C-3, #C'-4, and #C-5 for
Trav C•
2. Serge #6 shall contain a saline flush and be labeled #A-6 for Trav A;#B-6,for Tray B, and #C-6 for
Tra~C.
(F) A medically trained Infusion Sub-Team member shall prepare the sYrin~;es for Trav A, Trav B and
Tray C. A separate medically trained Infusion Sub-Team member or Intravenous Sub-Team member shall
verify proper preparation ofthe syringes for Tray A, Trav B and Tray C•
New Subsections 3349.6(h) through 3349.6(h)(1)(B) are adopted to read:
(hLApproximately two hours prior to the initial scheduled execution date and time:
1) The San Quentin Warden shall:
(A)
'Ensure the curtain is`open on the viewing windows prior to the witnesses' arrival The curtain shall
remain open throughout the execution process until the inmate is pronounced dead.
(B1 Ensure all witnesses are escorted to the designated witness rooms in the Lethal Injection Facility
New Subsection 3349.6(1) is adopted to read:
(i} Within one hour prior to the initial scheduled execution date and time, the Team S~ervisor shall
ensure that open dedicated phone lines with the Governor's Office, the Office of the Attorney General,
California State Supreme Court and the San Quentin Warden's office complex are established in the
Infusion Control Room.
New subsections 3349.6(j) through 3349.6(j)(2)(D) are adopted to read:
~i) Approximately 45 minutes before an initial scheduled execution date and time, the San Quentin
Warden shall order the inmate to be_prepared for the execution.
(1~ Upon direction of the San Quentin Warden to prepare the inmate, the Team Supervisor shall:
~A) Order the inmate placed in restraints and removed from the Lethal Injection Facility Holding Area
cell.
(B) Ensure a Record Keeping Sub-Team member initiates documentation on the CDCR Form 2179
:
(Ol/18~an Quentin State Prison Lethal Infection Intravenous Sub-Team Execution Log
(C~ Observe the Intravenous Sub-Team place the electrocardiogram leads on the inmate.
(2) Resistive inmates.
(A) In the event that an inmate refuses to compiv with a direct order to be placed in restraints or to exit
any area, the Team Supervisor shall advise the Team Administrator and the San Quentin Warden.
(B) The Team Supervisor shall speak to the inmate in an attempt to fain the inmate's compliance.

Text of Regulations Lethal Injection

January 26, 2018

20

And use of force

with Section 32tR:1:,
laced in the Master Execution

lnvesti~atin~ the Use of r'orce for institution/Facility Staff and a cop

File:
New Subsections 3349.6(k)through 3349.6(k)(5) are adopted to read:
~k) Apbroximately 15 minutes before ail initial scheduled exeetition date and time the San Quentin
Warden shall:
(L) Order the inmaie escorted to the Lethal Injection Room
(2) Order the inmate to be secured to the gurney with restraints
(3) Order the inmate's hands to be secured to the arm rests on the urney with medical tape
(4) Ensure the Team Administrator and Team Supervisor take positions in the Infusion Control Room
The Team Supervisor shall directly sii~~ervise infusion of the Lethal Infection Chemical and saline during
--the execution.
(51 Ensure the San pue~rtin Litigation Coordinator takes a ~~ositio~l at the Lethal Injection Facility_
telephones atleast 15minutes prior to a scheduled execution to ensure constant com mtuiication with the
Governor's Office, the Office of the Attorney General California Supreme Court and the San Quentin
Warden's office colilplea. The San Quentin Litigation Coordinator shall communicate all calls to the San
Quentin Warden, the Team Administrator and tl~e Team Supervisor
Ne~~~ Subsection 33 9.6(1) is adopted to reed:
~1) In the event the execution is staved for any reason the procedures described in this Article shall b~
--suspended as reciuired by the stay of execution until the stay is lifted Upon the stay being lifted the
execution inav be resumed or if necessary rescheduled a minimum of three hours from the time at which
the stay was lifted.
NOTE: Authority cited: Sections i?27 3604 ~f04 1 and 5058 Penal Code Reference• Sections 190
3600, 3601, 3642, 3b03, 3604, 3605 3700 3700.5 X701 3702 3703, 3704 and 5054 Penal Code
United States Constitution Amendment VIII; California Constitution Art. 1 Sections 17 27• Baze v
Rees {2008)553 U.S.35, ~'owe~v v. Brewer(2012)672 F 3d 650
New Section Title 334y.7 is adopted to read:
3349.7 Administration of the Lethal Tniection Chemical.
New Slabsections 3349.7(x) through 3349.7(x)(8) are adopted to read:
(a) After the inmate is secured in the Lethal Injection Room the Intravenous Sub-Team tneinbers shall•
~1) Take their desi n~ ated positions in the Lethal Injection Room.

Text of Regulations Lethal Injection

January 26, 2018

2l

~2) Inspect the restraints to ensure that they do not restrict the inmate's circulation'ar interfere with the
insertion of the catheters.

L} Attach the intravenous lines to the catheters and insert three catheters into pre-designated veins.
{4) As each catheter is inserted, inform the Intravenous Sub-Team member in the Infusion Control Room
to initiate the intravenous saline drip into the intravenous lines attached to the catheters.
(5) Designate primary backup and alternate backup intravenous lines.
~6) Inform the San Quentin Warden when the intravenous lines have been successfully established.
~7) One Intravenous Sub-Team member shall exit the Lethal Injection Room and report to the Infusion
Control Room to continuously monitor the saline dribs.
(8) One Intravenous Sub-Team member shall remain in the Lethal Infection Room to continuously
monitor the intravenous lines. This Intravenous Sub-Team member shall stand next to the inmate and
assess the consciousness of the inmate throughout the execution in accordance with subsection (c)(4)(A).
New Subsections 3349.7(b) through 3349.7(b)(5} are adopted to read:
(b) After the inmate's intravenous lines are successfully established, the San Quentin Warden shall:
(1 ' Take a position in the Lethal Injection Room in close proximity to the inmate.
(2) Confirm there is no matter pending before any court that precludes the execution from proceeding via
the California Supreme Court, the Governor's Office, and the Office of the Attorney General:'
~3) Ensure a statement detailing the court order mandatingthe execution`is read aloud over the public
address s sy, tem.
(4) Provide an op op rtunity for the inmate to make'a brief final statement on the public address s sy,_tem•
(5) Direct the Infusion Sub-Team to administer the Lethal Injection Chemical.
New Subsections- 3349.7(c)through 3349.7(c)(12) are adopted to read:
(c) Infusion.
(1) The infusion of the Lethal Infection Chemical shall begin with Tray A using the intravenous catheter
designated as primary.
~2) The saline drip for the intravenous catheter that was designated as the primary infusion site shall be
stopped prior to the infusion of the first singe. The saline drip in the backup and alternate backup
intravenous lines shall be continually maintained: Should the backup or alternate backup intravenous line
be designated for infusion, the saline drip for that catheter shall be stopped prior to the infusion of the first
s r_v in~e.
~3) A Record Keeping Sub-Team member in the Infusion Control Room shall initiate aten- minute
countdown at the start of the infusion ofsyringe #1.

Text of Regulations Lethal Injection

January 26, 2018

22

(4) If Pentobarbital has been designated the Lethal injection Chemical shah be administered binning
with Tray A and using the rimary intravenous catheter as follows•
(A) #1 syringe containing the specified amount of the designated Lethal Injection Chemical shall be
administered, followed by a consciousness assessment of the inmate• the intravenous dub-Team Member
shall brush the back of his/her hand ot~e~~ the itlmate's eyelashes and speak to and,gently shake the
inmate. Observations shall be documented. If the inmate is unresponsive it will demonstrate that the
inmate is imrnnc~innc

Tha

rirnnaeo

ol,~ll ..~,,,~;,,,,o .~~ fll,...>.,.

(B) #2 svrin~e containing the specified amount of the designated I ethal Injection Chemical shall be
administered.
(C) #3 syringe containiil~, the specified amount of the designated Lethal Injection Chemical shall be
adniitlistered.
D} #4 syringe con~ainin~ the saline flush.
(5)If Thiotaental has been desi nab ted the Lethal Injection Chemical shall be administered beginnin with
Tray A and using the:primary intravenous catheter as follow`
~A) #1 svrin~e containing the specified amount of the designated Lethal Infection Chemical shall be
administered. followed by a consciousness assessment of the inmate• the Intravenous Sub-Team Member
shall brush the back of his/heT• ]land over the inmate's eyelashes and speak to and gently shake tl~e
inmate. Obsei~vatio~Is shall be documented If the inmate is unre~pon~ive it will demonstrate that the
inmate is unconscious. The ~arocess shall continue as follows•
(B) #2 syringe containing the s~~ecified amount of the designated Lethal Injection Chemical shall be
admii-~istered.
(C) #3 svrin~e containin the specified amount of the designated Lethal Injection Chei~lic~l shall be
administered.
{D) #4 svrin~e eontainin~ the s~eeified amount of the designated I ethal Itlection Chemical shall be
adnlinist~red.
(E) #5 syrin~~e containing tl~e specified amount aI the designated Lethal Tniecti~n Chemical shall be
administered.
(F~ #6 s~~rinae containing the saline flush.
(6) If, following the ~~dministration of syringe #1 the assessment indicates the inmate is not unconscious
the Intravenous Sub-Team il~en~bei• shall check the catheter foi~atenev After checking for~ate~ic~
syringe #2 shall be adT~linistered i=ollowed by a second consciousness assessment of the itunate iii the
same manner as described i~7 subsection (c)(4)(A). If the assessment indicates the innate is not'
unconscious, the San Quentin Warden shall direct that the iiijectioil through the pl•imal•y intravenous
catheter be discontinued and the entire sequence reinitiated with the Lethal Injection Cheiilical on the
next sequential Tray usin tg he associated intravenous catheter.
~7) Tf, at any time during the infusion of the Lethal Infection Chemical the intravenous catheter fails the
San Quentin Warden shall:

Text of Regulations Lethal Injection

January 26, 2018

23

~A) Direct the lethal in,~ection_process using the intravenous catheter and the chemical on the Tray
currently in use be discontinued.
~B) Direct the Lethal Infection Chemical administration'process set forth in subsections (2)-(6) begin
main, but using the Lethal Injection Chemical on the next sequential Trav and the associated catheter.
~$) The inmate's heart activity shall be monitored by an electrocardiogram.
ram Death shall be determined and declared
(9) The attendin~phvsician shall monitor the electrocardiogi
i
by a'phvsician Once death is declared infusion of any remainin~ Lethai Infection Chemical shall cease.
(10 In the event all svrin~es from Tray A have been administered the ten minute countdown has elapsed
}
and death has not been declared or an intravenous site cannot be maintained at the tarimary site, the
Record Keeping~Sub-Team member shall advise the Team Supervisor who shall then advise the Team
Administrator and the San Quentin Warden The San Quentin Warden shall direct the Lethal Infection
Chemical administration~rocess set forth in subsections (2Z_(9 be repeated but using the backup
intravenous catheter and the svrin~es from Tray B.
X11) In the event all syringes from Tray B have been administered the ten minute countdown has elapsed
and death has not been declared or an intravenous site cannot be maintained at the backup site, the
Record Keeping Sub-Team member shall advise the Team Supervisor who shall then advise the Team
Administrator and the San Quentin Warden The San Quentin Warden shall direct the Lethal:. Infection
Chemical administration process set forth in subsections (2~9) be repeated but using the alternate
backupsite and Trav C.
~12~In the event that all svrin~,es of Lethal Injectioiz Chemical from Tray C have been administered, ten
minutes has elapsed and death has not been declared or an intravenous site cannot be maintained at the
alternate backup site the San Quentin Warden shall stop the execution and summon medical assistance
for the inmate as set forth in subsection ~~
New Subsection 3349.7(d) is adopted to read:
~d) Should the execution be stayed or stormed for anx reason after infusion of the Lethal Infection
Chemical has commenced the Team Administrator shall immediately request San Quentin medical
personnel or contracted medical personnel if there is no state civil service emp]ovee who is available-and
willing_ to~erfarm the prescribed duties respond to the Lethal Injection Facility to t~rc~vide any medical
care that is deemed necessary The curtains on the viewing; windows for witnesses shall be closed. The
San Quentin Warden shall immediatel~~o to the Infusion Control Room and ensure an announcement is
made via the public address system notifvin¢ the witnesses the execution has been staved or stopped.
Immediately after the announcement the public address system shall be turned of£ The San Quentin
Warden shall direct staff to escort the witnesses from the Lethal Injection Facility to the media center or
off grounds Stays issued prior to infusion shall be subject to the provisions of subsection 3349.6(1).
NOTE• Authority ~~ted• Sections 3604, 3604 1 and 5058 Penal Code. Reference; Sections 190, 360Q,
3603 3604 and 5054 Penal Code• United States Constitution Amendment VIII; California Constitution,
Art 1, Sections 17, 27• Baze v Rees(2008)553 U.S.35 Towery v. Brewer(2012)672 F.3d 650.
New Section Title 3349.8 is adopted to read:
3349.8 Post Execution Procedure.

Text of Regulations Lethal Injection

January 26,2018

24

New Subsections 3349.8(a).through 3349.8(a)(3)are adopted to read:
(a) Iminediately following the declaration of death ofthe inmate the San Quentin Warden shall•
cxct;utluti 1~ cUm tp ele'

(2) insure the curtains on the viewing windows for witnesses are closed
(3) Direct staff to escort the witnesses from the Lethal Injection Facility to the media center or off
grounds.
New Subsection 3349.8{b)is adopted to rea+~:
(b) The Intravenous Sub-Team shall crimp closed and disconnect all intravenous lines The catheter or
needle sha11 not be removed from the inmate to allow for review by the Marin County Coroner
New subsection 33~y.8(c) is .adopted to read:
(c) The Team Supervisor shall ensure the inmate's body is placed with care and di nity into a post
mortem bay pending,_removal as pre-arran~d _with the contract mortuary
....New Subsections 3349.8(4) through 3349.8(4)(2) are adopted to read:

- -

~) Ap~roximately one lour after the executioi~ the San Quentin Wardell shall ensure•
(1) A statement to the media is issued advising the sentence has been carried out and announcing the time
of death.
(2) The inmate's written statement is made available if ap, livable
New Subsection 3349.8(e) is adopted to read.;
fie) It is the responsibility of the Lethal Tn'ection Team and assigned custody staff to clean each area of
the Lethal Irl~ection Facility after the inmate's body has been ren,~ve~cl.
New .Subsection 3349.8(fj is adoptecd t~ read:
(fl Any unused Lethal Infection Chemical and the reason whit was unused shall be documented on the
--..
CDCR Form 2176 (O1/18~Lethal Inieetion Chain of_Custodv -San Quentin State Prison. The Infusion
Sub-Team shall transfer the unused Lethal Injection Chemical to the Te~n1 4uperviso~~ who shall place it
in fhe Lethal Injection Facility safe to await disposal The I ethal Injection Chemical transfer shall be
documented on the CDCR Form 21 6 (01/18) Lethal Injection Chain of Custody.- San Quciltin State
Prison, and .the final signature block signed by the Team Supervisor The signed form shall remain with
the L~that Injection Chemical
New Subsection 3349.8(8) is adopted to read:
(~) '1~'he Iuh~avenous Sub-Team shall complete apost-execution inve~itory of all supplies and equipment
that were used during the execution. The Intravenous Sub-Team shall give the inventory to the Tea~11
~JUl~el'V1S01'. WI1O S~18~~ 31'1'~Tl~e f(11' 1'~t~~~GP.mP.nt anr~ ren~enichmenl n{'ennnliPc

New Subsections 3349.8{h) through 3349.8(h)(6) are adopted to react:
(h) Lethal Injection Reporting requirements:

Text of Regulations Lethal Injection

January 26, 201$

25

~1) Immediately following the execution the Team Supervisor shall complete a CDCR Form 2182
~O1/18 San Quentin State Prison Execution Report —Team Supervisor, which is hereb i~ ncorporated by
reference.
~2) Immediately following the execution, each Lethal Injection Team member shall complete a CDCR
Form 2183 (01/18 San Quentin State Prison Execution Report —Team member, which is hereby
incorporated by reference, documenting their actions and observations during the execution.: The Lethal
Infection Team members shall use identifiers assigned to their specific position (dutiesZrather than their
names and/or classifications, when they submit their reports.
~3) Any use offorce shall be documented and reviewed in accordance with Section 3268.1, Reporting and
Investi~ati~the Use of Force for Institution/Facilit Sy taff.
~4) The Team Administrator shall review the completed Execution Report. The Execution Report shall be
routed through the San Quentin Chief Deputes Warden for the San Quentin Warden's review and
si nature.
(5) A copy of the completed Execution Report shall be delivered to the Director -Division of Adult
Institutions and the CDCR Secretary for review and follow u~ as needed.
~6) The original Execution Report shall be retained at San Quentin as part of the Master Execution File.
New Subsection 3349.8(1) is adopted to read:
(i) Assigned custody staff shall conduct a security inspection of the Lethal Injection Facility to ensure all
doors are secured and na items were left behind.
New Subsection 3349.8(j) is adopted to read:
(j} The Team Supervisor shall secure the Lethal Injection Facility, return the keys and reporf directly t~
the Team Administrator and the San Quentin Warden that the Lethal Infection Facility has been secured.
New Subsections 3349.8(k)through 3349.8(k)(3) are adopted to read:
(k) Debriefing
:

~2) The Team Administrator alongwith the Team Supervisor shall offer the Lethal Injection Team
members post trauma counseling.
arrange for a confidential individual debrefing_by appropriate'staff with the Team Administrator, the
Team Supervisor, and each Lethal Injection Team member: Each individual may be accompanied by a
person of his or her choosing to the individual'debriefing. The San'Quentin Warden shall offer the Tearn
Administrator and Team Supervisor Bost trauma counseling
New Subsection 3349.8(1) is adopted to read:
(1) The San Quentin Litigation Coordinator shall assemble all appro riate repOrtS, place them into the
Master Execution File and maintain the Master Execution File.
Text of Regulations Lethal Injection

January 26, 2018

26

1V'ew Subsection 3349.8(m)is adopted to read:

~;oae section Abu i.
NOTE: Authority cited: Sections 3604 3604.1 36Q7 5058 and 5061, Penal Code Reference• Sections
190, 3600, 3603, 3604, 3605, 3700, 3700.5,3701 3702 3703 3704 and5054 Penal Code• United States
Constitution, Amendment VIII- California Constitution Art l Sections 17 27 • Baze v Rees 0008)553
U.S35 Towe~y v. Brewer(2012)672 F,3d 650.
New Section Title 33499 is adopted to read:
3349.9: Lethai Injection Record Keeping and Documentation.
NeFv Subsection 33-~9.9(a} is adopted to read:
(a) Upon receipt of the Execution Warrant, the Liti~>ation Coordinator at the institution where the inmate
is housed shall be responsible for the security of all documentsgenerated to be included in the Master
Execution Filz p or to transfer of the inmate to the Lethal Injection Facility Upon transfer the San '
Quentin Litigation Coordinator shall assume res~onsil~ility.
Ne~~~- Subsection 33~y.9(b) is adopted t~ re~~:;
b) The Warden of the institution where the:inmate is housed is responsible to ensure that all documents
generated by staff associated.with the inmate to be executed are accurate completed in a timely manner
and foiti~~arcled to fhe Litigation ~oardinator who sh all retain a copy and send the original document to the
San Quentin Warden.
Ne~~~ subsection 33-l9.R(c) ys adopted to read:
(c) The Team Supervisor shall ensure that all documents generated by the Lethal Injecta~n Team are
accurate, completed in a timely m~nnel-, at~d for~vardLd io the Team Administeator for review Upon
completion of review, the Team Aclnlinistrator shall 1'or~vard the documents to the San Quentin Litigation
Coordinator for inclusion in the Iv~aster ExecuCion Fiie.
New Subsection. 3349.9(d) is adopted to read:
(d) The San Quentin Litigation Coordinator shall maintain the Master Execution File at San Quentin in a
secure location. The Master Execution File shall serve as a permanent record of all documents related to.
the execution.
Ne~~ Subsections 33~99(e}fiiroubh 33499(e)(26) are adopted to read:
(e)The Master ErecuTian File shall include the folloti~in~ documents
(1)People's Application for Appointment of Execution Date.
{2} Execution Warrant

Text of Regulations Lethal Injection

January 26, 2018

27

~3) CDCR Form 1801 (Rev 01/18) Notification of Execution Date and Choice of Execution Method.
~4) CDCR Form 1801-B (Rev O1/18~ Service of Execution Warrant -Warden's Initial Interview.
~} Notice of Execution Warrant to Director, Division of Adult Institutions.
~6) Notice of Execution Warrant to Governor's Leal Affairs Secretary.
~7) Memorandum identifying; Alienist Panel.
~)CDCR Form 1801-A (Rev. 01/18), Choice of Execution Method.
~9) CDCR Form 1801-C (O1/18~ Request For Approval of Witnesses.
X10) CDCR Form 1801-D (OU18), Last Meal Request.
X11) CDCR Form 1801-F (01/18) Release of Remains and Burial Arrangements.
f12) CDCR Form 2173(01/18) 20 Day Pre-Execution Report, pursuant to Penal Code 3700.5.
(131 CDCR Form 2174 (41/181, Notification__By Warden To The District Attorney Concerning Sanity of
~.vtiuciilu~u iiuila«.

(14) CDCR Form 2176(01/18) Lethal Injection Chain of Custody San Quentin State Prison.

X16) CDCR Form 2178 (01118), Return on Execution Warranf.
(~71 CDCR Form. 2179 (01/18), San... Quentin State Prison Lethat Infection Intravenous Sub-Team
Prison Lethal Ini
(19)CDCR Form 2182(01/18) San Quentin State Prison Execution Report-Team Supervisor.
X20) CDCR Form 2183(01/18) San Quentin State Prison Execution Report —Team member.
(21)Condemned inmate's Pre-Execution Lo b~ oak.
of Lethal Infection Team training documentation for the__t_hree calendar days ire
23) Copies of Inmate Visiting Records.
X24) If force was utilized at any point during the lethal inaection process, CDCR Form 2182 (01/18), San
Quentin State Prison Execution Report-Team Supervisor, shall be forwarded to the Executive Use of
Force Review Committee to include in its review. When the Committee has completed their review of the
Use of Force the Executive Use of Force Review Committee findings and all associated documentation
shall be added to the Master Execution File.
X25) The Execution Report
(26ZAny and all other documents relative to the execution.
Text of Regulations Lethal Injection

January 26, 2018

28

New Subsection 3349.9(fj is adopted to read:
(f} After an execution has concluded, the Team Administrator shall review the Master Execution File to
ensure that all documents are accounted for and appropriately cate orized.
New Subsection 33499(g)is.adopted to read:
(~) In the event the execution is stayed, the Master Execution File shall be closed and remain at San
Quentin in a secure location.
NOTE: Authority cited: Sections 3604, 3604.1 5058 and 5061 Penal Code. Reference• Sections 190
3600,3601,3602,3603 3604 3605 3700 3700.5 301 3702 3703 3704 3705 3706 and 5054 Penal
Code; United States Constitution, Amendment VIII• California Constitution Art 1 Sections 17 27 • Bc~ze
v. Rees 2008)553 U.S.35 and Towery v. Brewer(2012)672 F.3d 650.

Text of Regulations Lethal Injection

January 26,2018

29

C:I7C 128-F3 (Rev. 4!74)

NAME and NUMBER

DATE

GENERALCHRONO

T~.__.._.._-------------~~.~..~~,_,_~~,...,..._~._..~.._.~~------

NAME and NlJME3ER

DATE

NAME and NUMBE~;R

DA'T'E

~

ct~c i~~-t3 ~tte~. a/7a~

{'~F'NE;RAL CI~iRC)NO

C[)C 128-I3 {Rev. ~I74j

UENF,RAL CHRONO

DENAR"1'MEN'P OF CORR~C'PIONS,AND REHABILf7'ATION

SPATE QF CALIf~ORN1A

NOTIFICATION Off' EXECUTION DATE
aND CHOICE OF EXECUTION METHOD
CDCK 1801 (KEV. 01/18)

DIS'1~R1SUT►CJN:
WARDEN (~RIGiNAL)
CENTRAL FILE - CC)PY
INMATE - COAY

was served Execution

, I,

On

PftIN]' OR'I'YPE FULL NAME AND CDCR t1

MONTH, DATE, NJp YEAR

issued by

Warrant number

NAME OF COUNTY

. I was notified that I have an execution date of

County Superior Caurt on
M(7N'PH, DATE, ANll YEAH

and that I may choose either lethal injection or lethal gas as the
MUNTfi, UATti, ANll YEAR

method of execution. I understand that I have ten days from the date of the service of the execution Warrant, or
to make this choice in writing on CDCR Form 1801-A.
MONTH, UA"Cfi, ANU YEAR

I also understand that if I do not make a choice, lethal injection will be the. method of execution.

'CURE OF W1TNFiSS

1 DATE StGNEU

DEPARTMENT OP CORRECTIONS AND R~ HABII,ITA7'ION

ST6~TF. OF CAI.IF'C)RNIA

CHOICE OF EXECUTION METHOD
CI?CR 1801-A (REV. 01/18)

Uis•rK~~u~rioN:
WARDEN (OR1GI~lAL)
t'C;N'I`RAL f'iLE -COPY
INMATE -COPY

r

4,.

,;

~ ,»
r

,was served Execution

,I,

On

PRIN"!' OR "fYP6 FULL NAME hND CpGR H

MONTH,DATE, AND YEAR

issued by

Warrant number

NAME OF'COUNTY

County Superior Court nn
MONTH,llA'1'E, AND YEAR

and that I may

I was notified that I have an execution date of
MONTH,DATE, ANU YEAR

-

choose.either lethal injection or lethal gas as the method of execution, I understand that I had ten days from the
to make this

date of the service of the Execution Warrant, or until
MON9'1~3, UA7"E, ANG YF;AR

-

choice in writing an a CDCR ~'r~rm 1801-A, and that if I did not make a choice, lethal injection would be the
method of execution.
This is to nati~y the Warden that my choice is
LE'TH.AI. tN1ECT(~N UR L$T}4AI. GAS

CI~('R NUMBER

INMATE'S SIGNATURE

DATE SIGNED

DATG SIGNED

SIGNATURE OF WITNESS

`

COMMENTS OF WITNESS

in the

The chemical utilized for the lethal injection shall be
.

.NAME.(N~ CIiEti91CAL

.The inmate was informed ~f the choice and amount of chemical.

amount of
AMOUNT OF C'(I~A9ICAL

_) DATF. S[GNGU

)F.N'S StGNATURH
.

__

DEPARTMENT OF CORRF,CTIONS AND REI iABILITATIQN

STATE OF CALIFORNIA

SERVICE OF EXECUTION WARRANT —
WARUEI~'S INITIAL INTERVIEW
CDCR 1$01-B REV. 01118)

1,

_, have received a copy of the Execution Warrant number _~_

LLy

_ _

_issued by

PRINT OK'PYAE FULL NAME AND CDCR N

__ . I had the appartunity to discuss the execution

County Superior Cnurt on _.
~MONTH, DAY, YEAR

NAME OF COUN"fY

-

. I understand that[ am entitled to elect either lethal injection or lethal gas as the

Warrant with the Warden an
MONTYi, DAY, YEAR

method of execution. 1 further understand that I must make my choice in writing on a CDCR Farm l 801-A within ten days of service
of the Execution Warrant. If I do nat choose either lethal injection or lethal gas within ten days after the service of this Execution
Warrant, I understand the method of execution will be Iethal injection. I further understand that if I receive a stay of execution, I will
again have the opportunity to choose the method of execution if 7 am served with another Execution Warrant. I understand I have
an execution date of
MONTH I~AY, YEAR

X
.~

dNMA'rE'S SIGNATURf3

( )Inmate has received a copy of the ~;xecution Warrant but refuses to sign for it.
X
WARDEN'S S1GNA'fURE ~~

X
~
~_~WI1'NESS'SIGNATUItf J~LL.Y,.~.~~. ~l.

Staff shall initial the. following, if applicable:
{--- )
Inmate-understands-helshe may-choose either lethal injection or lethal gas as the method of execution.
( )Inmate understands he/she musC make his/her choice I writing on the CDCR Form 18Q 1-A within ten days after service ofthe
_
Execution Warrant. This ten day period expires on _ ~_y__~
MOMI`id. I~AY. YEAR ~~

( )Inmate understands he/she will be contacted on the above date if the Warden has not received the form 1801-A, Choice of
Execution Method.
( )Inmate understands that if he/she makes no choice, execution will be imposed by lethal injection.
~

)Inmate understands he/she will be interviewed by psychiatric staff and a report of their findings will be provided to the
Governor, the Secretary, the Director-Division of Adult Institutions, the San Quentin Warden or the Warden of CCWF,and the
inmate's counsel upon request of counsel.
Inmate has been provided with a copy of Title I S regulations, and has been given an explanation oFthe course of events
following service ofthe Execution Warrant.

( )
~ff~etive communication was established: see comment section.

tN'PERVIEWER'S OBSF.RVA7'~QN AND COMMENT'S

WARDEN PRINTED NAME

WARDS".N SIGNA7'l1RE

DATE StGNEn

WIl'NESS' PRINTED NAMEI Q.itigalion Goordinaror)

WITNESS' SIGNA"CURE?

DATE SIGNED

DEPARTMENT OF CORRECTIpNS AND REHAB~L(TA710N

STATE OF CALIFORNIA

REQUEST -FOR APPROVAL
OF WITNESSES
CDCR 1801-C(01/18)

REQUEST FQR AI~PROVAL OF WITNESSES
Per:Penal Code Section 36Q5, I am requesting that the following persons) be permitted to witness
the execution. I understand that all requested witnesses must meet all visiting; criteria pursuant to
California Code of Regulations, Title 15, DXvision 3, Subchapter 2, Article 7. I understand that no
witnesses under the age of 18 will be pernnitted.

NAME &AGE

PERSONS,RELATIVES Oit FRIENDS
TELEPHONE #
ADDRESS

RELATIONSHIP

__ __
NAME

MINISTERS C?F THE GOSPEL
,ADDRESS

Inmate Name.

Inmate Signature

_____
TELEPHQN~ #
__ _~— --

CDCR #

D

Witnesses contacted to obtain information needed to perform CI,E~I'S check

O

CLE'I'S check completed by Administrative Assistant(Attach reports)

APPROVED/DISAPPROVED

Warden
California St~t~ Prison at San Quentin

Date

DEPARTMENT OF CORRECTIONS AND REHABILII`A710N

STATE OF CALIFORNIA

LAST MEAD REQUEST
CDCR 1801-D (01/18)

"'

LAST MEAL REQUEST

I am requesting that the following food be provided for my last meal. I understand that all
requests must be approved by the Foad Manager and the Warden. Unreasonable requests shall not
be accommodated. Last meal cost shall not exceed $50.00.
Meal Items Re nested

Inmate Name.

Inmate Signature

CDCR #

APPROVED/DISAPPROVED

Pond Manager

Date

APPROVED/DISAPPROV~,D

Warden
California State Prison at San Quentin

Date

DEPARTMENT OF CORRECTIONS AND REHABILITATION

STATE OP GALIFORNIA

RELEASE OF REMAINS AND
BURIAL ARRANGEMENTS
CDCR 1801-F (01/l8}

I am requesting that my remains be released to the person or organization identified herein. I
understand that the state of California does not accept financial responsibility for the disposition of
my remains. I have designated the person who will accept that responsibility. If I do not
designate these arrangennents, or my designee does not accept this responsibility, the State will
process my remains in accordance with Penal Code Section 5061 and California Code of
Regulations, Title 15, Section 3357.

Funeral Home
Address

Telephone
Contact Person

Person financially responsible for the disposition o~ remains:

Name
Address

Telephone
Relationship

Inmate Name

Inmate Signature

... Warden
California.State.Prison.at San Quentin

CDCR #

Date

Page 1 of 1

DEPARTMENT OF CORRECTIONS AND REHABILITATION

STATE OF CALIFORNIA

Monthly Security and Operational Inspection Sheet
CDCR:21,37 (01/1.8}
Goad
Working
prder/Clean

Building Maintenance.

A) Doors/Locks/Keys
B} Lights(Lamps)
C) Electrical (switches and
plugs)
D) Refrigerator(Temp.)
E) Safe-(Secure/No fJbstruct)
Ej Plumbing- (Sinks/Toilets)
G) Fire Ext.-(Ext./sprinkler)
Nj Floors
I} Walls
~} Storage Raoms
K} Restroom

A}
B}
Cj
D)
E)
Fj
G)

A) I.V. Supplies
B) .Infusion Supplies

Needs
Repair

_.__ _. __.__

~

Comments/Work Order

_._.

Restraints
Locks
Cut Down Tool
Baton
t3C(MK-4)
Camera
PPE Kits

Supplies

Needs
Repair/
Cleaning

=---

Operational

Equipment

Page 1 of 1

Quantities

Comments

_

_

__

Items Ordered

DEPARTMENT OF CORRECTIONS AND REHABILITATION

STATE OF CALIFORNIA

2q-DAY PRE-EXECUTION REPORT
CDCR 2173 {0.1/18)

Memorandum
Date

70

WARDEN

From

San Quentin State Prison, San Quentin, CA 94964

subject

20-DAY PRE-EXECUTION REPORT
(NAME AND NUMBER OF INMATE)
This report is prepared pursuant to Title 15, Article 7.5 and Section 3700.5 of the
(name),
California Penal Cade. Inmate
is scheduled for execution of .his/her death sentence on
CDCR#
(date).
(name) was advised. that I was a
Inmate
purpose of the interview was to evaluate his/her competency to
psychiatrist .and the
undergo execution.. I advised that I was not his/her treating physician and that the
:results of.the interview were nat confidential but would be shared .with. others. The
inmate said helshe understoodJdid not understand (circle one)the information above.
(name)[describe; grooming, demeanor,
Inmate
or2entat~on, speech, mood and any other features relevant to the documentation of the
inmate's competency on a separate repari and attach to this form.]
Inmate
circumstances and:

understood his/her

(name), CDCR#

Understood the. nature of the death penalty and the reasons.it was.imposed.
Did not understand the nature of the death penalty and the reasons it was imposed.

It is my opinion that .Inmate
competent (circle one)to undergo execution.

(name) is campetent/not

(Print Name of Alienist)
Staff Psychiatrist

{Signature of Alienist)
Staff Psychiatrist

Date

DEPARTMENT OF CORRECTIONS AND REHABIl17AT10N

STATE OF CALIFORNIA

•NOTIFICATION BY WARDEN TO DISTRICT ATTORNEY
CONCERNING SANITY OF CONDEMNED INMATE {PC § 3700}
CDCR 2174(01/18)

NOTIFICATION BY WARDEN TO
DISTRICT ATTORNEY CQNCERNING SANITY OF
CONDEMNED INMATE(PC § 3700,.3700.5, 3701)
'I"o:

,District attorney, County of Marin

~rcrm;

,Warden, San Quentin State Prison.

Re:

, CUCR #

Condemned Inmate

Pursuant to Penal Code § 3701, There is goad reason to believe that the .above named.
inmate/defendant, who is under sentence of death, has become insane..
This is based on the following

A.

Information concerning the.inmate:
1.
2.

Charles convicted.af:

3.
B.

County from which the inmate is under sentence of death:

Date set far execution:

Enclosed with this memorandum are the following:
I.

Copies of the reports of the three alienists who examined the
Inmate/defendant per PC § 3700.5;

2.

A copy of the inmate's psychiatric file;

3.

Other

Warden
California State Prison at San Quentin

Date:

DEPARTMENT OF CQRREG710NS AND REHABILITATION

STATE OF CALIFORNIA

LETHAL INJEC710N CHAIN OF CUSTODY
SAN QUENTIN STATE PRISON
CDCR 2176 {01/18)

LETHAL INJECTION CHAYN OF CUSTODY
SAN QUENTIN STATE PRISON
This farm is the chain of custody that accompanies the Lethal injection Chemical scheduled far the
at
on
execution of
CDCIt #

Inmate name

~

Time

Date

STEP 1.Obtain the Lethal in'ection Chemical from the Lethal In'ection Chemical Su

Chemical name

Lot`#

Expiration Date

Type and quantity of packages

Volume per package

Tier

Total amount

Name of Lethal injection Ghemicat Supplier

Date

Time

Date

Time

Date

Time

Received by
Lekha] tniection "Team Member ID

Received by
Team Supervisar

Verified by
7~eam Admiiaistratc~r

C'i'T~ D 7 Tr.~nafns. of ti n T atla ~l ininntinn f'1~arnGr+o1 frnm fha i :nti~~al inia~tinn Yi'an~litr~ eafa to

the Infusion dab=Team

Chemical name

Lot #

Expiration Date

Type and quantity of packages

Volume per package

Total amount

Date

Tirne

Date

~ Time

Date

Received. by

`~

Time

Infusion Sub=l'eam Member ltd

Received by

_
lnfusian Sub-"Team Member(D

Verified by
Team Supervisor

Page 1 of2

DEPARTMENT OF CORRECTIONS AND REHABILITATION

STATE OF CALIFORNIA

LETHAL INJECTION CHAIN OF CUSTODY
sAN QUENTIN STATE PRISON
CL7CR 2176(011f 8)

STEP 3. Transfer of unused Lethal Injection Chemical from the Infusion Sub-Team to the
Lethal In'ection Facili safe if necessa

Chemical name

Lot #

Expiration Date

Type and quantity of packages

Volume per package

l otat amount

Reason Lethal Injection Chemical Not Used

Date

Time

Date

Time

Date

Received by

Time

Team Supervisor

...Verified by
Infusion Sub-Team Member @

Verified by
lnf'usi<>n Sub=Ceam Member iD

STEP 4. Final signature after completion of the lethal injection pratocal,
(Original signed form to remain with Lethal Injection Chennical)

7f'eam Administrator:
Print Name

Uate

Print Nan3e

[7att

'1"ime

Signature.

I

Team Supervisor:

Time

Signature

Page 2 of 2

SAN QUENTIN STATE PRISC)N LETHAL INJECTION
INFUSIAN SUB-TEAM EXEGU710N LOG - PENTOBAitBITAL

Page 1 of 2

`cacr~ zt77-n to~tls>

San Quentin State Prison Lethal Injection
Infusion Sub-Team Execution Log -Pentobarbital
Inmate Name

CDCR #

Date of Execution

Record Keeping Sub-Team Member Identification #:
Lethal Injection.Chemical
Total Dose Per Syringe
Step
1.
2.
3.

4.
5.
6.
7.
8,
9
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.

20.
21.

Total Dose Per Tray

Comments
Time
Task
Infusion Sub-Yearn Members arrive at the Lethal
In'ection Facili
Transfer of chemicals to Infusion Sub-Team.
Prepare Lethal Injection Chemical according to Lethal
Injection Chemical Su Mier instructions.
'T12~1I' A - Prirr~a~-y - Fced
Draw 2.5 grams of the designated Lethal Injection
Chemical into a s rin e.
Label this syringe in red; A-1.
Repeat step 4 and label this syringe in red; A-2.
Repeat step 4 and label this syringe in red;. A-3.
Draw saline flush into syringe and label inwhite; A-4.
~~~2.~Y ~ - ~3ac~u~s - ~l~e
___
Draw 2.5 grams ofthe designated Lethal Injection
Chemical into a s rin e.
Label this syringe in blue; B-1,
Repeat step 9 and label this syringe in blue; B-2
Repeat step 9 and label this syringe in blue; B-3
~~
Ura~,~r saline flash into s}cringe and label in white; B-4.
7'1~A1' ~'-Alternate ~a~:~:up - ~'el~o~v
Draw 2.5 grams of the designated Lethal Injection
Chemical into a s iii e.
`
Label this syringe in yellow; C-1.
Repeat step 14 and label this syringe in yellow; C-2.
Repeat step 14 and label this syringe in yellow; C-3.
Draw saline flush into syringe and label in white; C-4.
.
~I~~1ISION. knee death is declared, infusion ~f acv ~er~ain~ng eher~aic:al shall cease
In#usion Sub-Team member or ,Intravenous Sub-Yearn
member verifies proper preparation of Trays A, B
and C.
Saline drip for primary catheter stopped.
Inject syringe #A-1.

SAN QUENTIN STATE PRISON LETHAL INJECTION
INFUSION SUB-TEAM EXECUTION LOG -PENTOBARBITAL

Page 2 of 2

` CDCR 2177-A (01/18)

Step
22.
23.
24.

25.
26.

27.
28.
29.
30.
31.

32.
33.

34.
35.
36.
37.
38.

39.
40,

Task
Consciousness check. If the inmate is not unconscious,
check the catheter for atency. Continue to ste 23.
Inject syringe #A-2.
Consciousness cheek (if necessary). If the inmate is
unconscious, continue to step 25. If the.inmate remains
conscious, discontinue Tray A and initiate 'fray B in the
backu intravenous catheter.(ste 2'7).
Inject syringe #A-3.
Inject syringe.#A-4 Saline Flush.
Backup. If all four syringes in Tray A have been
administered .and death has not been declared after 10
minutes, or if at any time during infusion the. primary
catheter has failed, continue to "fray B.
Saline drip for backup catheter stopped.
Inject syringe # B-1.
Consciousness check. If the inmate is not unconscious,
check the catheter tar atency. Continue to ste 30.
Inject syringe # 8-2.
Consciousness check (if necessary). If the inmate is
unconscious, continue. to step 32. If the inmate remains
conscious, discontinue Tray B and initiate Tray C in the
alternate backu intravenous catheter ste 34).
Inject syringe # B-3.
Inject syringe # B-4 Saline Flush.
Alternate ~~c1cu~. If allfour syringes in 'fray B have
been administered and death has not been declared after
14 minutes, or if at any time during infusion the backup
catheter has failed,continue to -Tray G
Saline axip for alternate backup catheter stopped.
Inject syringe.# C-1.
Goi~sciUusness check. If the inmate is not unconscious,
check ~Iie catheter for atenc .Continue to ste 37.
Inject syringe # C-2.
Consciousness check (if necessary). If the inmate is
unconscious, continue to step 39. If the inmate.remains
conscious, discontinue Tray C. The execution shall be
sto ed and medical assistance summoned.
Inject syringe # C-3.
Inject syringe # C-4 Saline Flush.
Physician declares death.

Lethal Injection Team Administrator

Time

Date

Comments

SAN QUENTIN STATE PRISON LETHAL.INJECTION
INFUSION SUB-TEAM EXEGUTION LOG -1`HIOPENTA~

Page 1 of 3

CDCR 2177-B (01118)

'San .Quentin.State Prison.Lethal Injection
Infusion .Sub-Team Execution Log -Thiopental
Date of Execution

CDCR #

Inmate Name

Record Keeping Sub-Team Member Identification #:
Lethal Injection Chemical
Total Dose Per Tray

Total Dose Per.Syringe
Step
1.
2.
3.

Task
Infusion Sub-Team Members arrive at the Lethal
In'ection Facili
Transfer of chemicals to Infusion Sub-Team.
Prepare Lethal Injection Chemical according to Lethal
.
Injection Chemical Supplier instructions
~

4.
5.
Ei.
7.
8.
9.
10.
1 l.
12.
13.
14.
15.
16.
17,
18.
19.
20.
21.
22.
23.
24.

Time

Comments

__.__

~ A, -- ~~'fl11~~B~' - ~~6~

Draw l.5 grams of the designated Lethal Inj~ctic~~i
Chemical into a s rn e.
Label this syringe in red; A-1.
Repeat step 4 and label this syringe in red; ~-2.
Repeat step 4 and label this syringe in red; A-3.
Repeat step 4 and 1abe1 this syringe in red; A-4.
Repcai step 4 and babel this syringe in red; A-S.
Dra~~v saline flush into syrinbe and label in whife; A-6.
'T[~~Y 13 - ~3~~kr~~ - ~lu~
llraw 1,5 grams cat the designated Lethal Injection
Chemical into a s ri~Ige.
'Label this syringe in blue; B-L
12epeat step 1 l and label t?~is syringe in blue; B-2.
Repeat step 11 and 'label this syringe in blue; B-3.
Repeat step 11 and label this syringe in blue; B-4.
Repeat step 11 arld label this syringe in blue; 8-5.
Draw saline flush into syringe and label in white; B-6.
"~'~AY ~ - ~lternag~ (~~~k.up - k`~il€~r~~
llraw 1.5 grams of the designated Lethal injection
Chemical into a s rin e.
Label this syringe in yellow; Gl.
Repeat step 18 and label this syringe in yellow; C_2,
repeatstep 18 and label this syringe in yellow; C=3.
Repeat step 18 and label this syringe in yellow; C-4.
Repeat step 18 and label this syringe in yellow, C-5.
Draw saline flush into syringe and label in white; G6.

--

___

_._

SAN QUENTIN STATE PRISON LETHAL INJECTION
-THIOPENTAL.
INFUSION SUB-TEAM EXECUTION LOG.
CI7CR 2177-5 {01!18}

Step
25.

26.
27.
28.
30.
31.

32.
33.
34.
35.

36.
37.
38,

39.
4Q.

41.
42.
43.
44.

45.
46.
47.

4$.

Comments
Time
Task
I~~ ~t~ SI~Il. C)~ce death is dec[a~-e~l, anfusie~Yx of any re~ain~ng c~aer~i~al s~aall cease.
Infusion Sub-Team member..or Intravenous Sub-Team
member verifies proper preparation of Trays A, B
and C.
Saline drip for primary catheter stopped.
Inject syringe #A-1.
Consciousness check. If the inmate is not unconscious,
check the catheter for atenc .Continue to ste 30.
Inject syringe #A-2.
Consciousness check (if necessary). If .the inmate is
unconscious, continue to step 32. If the inmate remains
conscious, discontinue Tray A and initiate Tray B in the
backu intravenous catheter (ste 36).
Inject syringe #A-3.
Inject syringe #A-4.
Inject syringe #A-5.
Inject syringe #A-6 Saline Flush,
~3ackup. If all six syringes in Tray A have been
administered and death has not been declared after 10
minutes, ox if at any time during infizsion the primary.
catheter has failed, continue to Tra F3.
Saline drip for backup catheter stopped.
Inject syringe # B-L
Consciousness check. If the inmate is not unconscious,
check the catheter for potency. Cant nuE to step... 39
below.
Inject syringe # B-2.
Consciousness check (i~ necessary). If the inmate is
unconscious, continue to step 41. If the inmate remains
conscious, discontinue.Tray B and initiate Tray C in the
alternate backu intrav~naus catheter (ste 45),
Inject syringe # B-3.
Inject syringe # B-4.
Inject syringe # B-S.
Inject syringe # B-6 Saline Flush.
Alternate Backup. If all six syringes in Tray B have
been administered and death has not been declared after
10 minutes, or if at any time during infusion the backup
catheter has failed, continue to Tray C.
Saline drip for alternate catheter stopped.
Inject syringe # C-l.
Consciousness check. If the inmate is not unconscious,
check the catheter for potency. Continue to step 4$
below.
Inject syringe # G2.

Page 2 of 3

SAN QUENTIN STATE PRISON ~E7HAL.INJECTION
lNFUSIAN SUB-TEAM EXECUTION LOG -THIOPENTAL

Page 3 of 3

'CDCR 2177-k3 t01/1&)

Task
Consciousness check (if necessary). If the inmate is
unconscious, continue.to step 50. If the inmate remains
conscious, discontinue Tray L. The execution shall be
sto ed and medical assistance summoned.
Inject syringe # C-3.
S0.
51. ~ Inject syringe # G4.
Inject syringe # G5.
52.
Inject syringe # C-6 Saline Flush.
S3.
Physician declares death.

Step
49.

Lethal Injection "T'eam Administrator

Time

Date

Comments

DEPARTMENT OF CORRECTIONS AND REHABILITATION

uTATE OF CALIFQRNIA

RETURN ON EXECUTION WARRANT
CDCR 2178 (01/18}

SUPERIOR COURT OF THE STATE C?F CALIFORNIA
COUNTY OF

THE PEOPLE OF THE STATE OF CALIFORNIA
Case No.
vs.

)
(inmate's name) ~ RETURN ON EXECUTION
)
~ WARRANT

(

To the Hanarable
California, County of

,Judge of the Superior Court of the State of

I,
,Warden of the California State Prison at San Quentin, in
compliance with Section 3607 of the Penal Cade.of the State of California, do hereby certify:
The Execution Warrant entitled Judgment of Death and Commitment issued in .this case on
Judge of the
(date) by the Honorable ~
,was received at this institution on
Superior Court for the. County of
(date}, as required by Penal Code Section 1.227;
{date), shortly after 12:01 a.m.,the above warrantwas executed within-the
pn
walls of San Quentin Prison, in compliance with the Execution Warrant, by administering a lethal
,until he/she was dead. A true and correct copy of .the
injection to
Certificate of 1Jeath is attached to this. Return.
In accordance with the. provisions ofPenal Code Section 36Q5, I was present at this execution and
invited the.presence ofthose witnesses required by this. Section.

DATED:

Warden
California State Prison at San Quentin

DEPARTMENT OF CORRECTIONS AND REHABILITATION

STATE OF CALIFORNIA

SAN QUENTIN STATE PRISON LETHAL INJEC'f10N
INTR74VENOUS SUB-TEAM EXECUTION Lt?G
Nage 1 ~f2

CDCR 2179(01/18)

9

San Quentin State Prison Lethal. Injection
Intravenous Sub-Teams.Execution Lag
Date of Execution

CDCR#

Inmate Name

Record Keeping Sub-Team Member Identification #
Step

Task

1.
2.
3.
4.
5.
6.
7.
8.
9.
14.
11.
12.
13.
14.

Time

Comments

IV tubin and needles iven final check.
ECG ads are laced on inmate's chest.
ECG leads attached to monitor.
Ins ect inmate restraints to ensure .circulation.
Insert intravenous catheter -Primary.
Primar catheter atency confirmed.
Intravenous dri initiated -- Primar .
Insert intravenous catheter - Backu
Backu catheter atency confirmed.
Intravenous dri initiated - Backu .
Insert intravenous catheter -Alternate backup•
Alternate backu catheter atency confirmed.
Intravenous dri initiated -Alternate backu .
One :Intravenous Sub-Team Member exits Lethal Injection
Room and goes to Infusion Room to record infusion of
chemicals on ECG rah a per.
_~.
_
One Intravenous Sub-Team Member takes position next to
inmate.to monitor intravenous lines and assess the
consciousness ofthe inmate.

15.

16.
17.
1$.

19.
20.
21.
22.
23.
24.

~ ~

liVFIJSIO~V. ~~ce death is decl~ered, infusion shalt cease.
Saline drip in primary infztsion site is stopped.
Syringe +A-1 administered; mark ECG rah a er #A-1.
Sub-Team Member in Lethal Injection Roam chicks
inmate fnr consciousness, Check catheter for potency if
inmate is not unconscious.
S rin e#A-2 administered; mark ECG rah a er #A-2.
Sub-Teen Membea• in Lethal Injection Room checks
inmate for consciousness.(if necessary).
S rin e #A-3 administered; mark ECG rah a ~r #A-3.
Syrin e #A-4 administered; mark ECG rah aper #A-4.
If Thio ental Is Used,Proceed to Ste 23 Belnw.
Syrin e #A-5 administered; mark EC'G graph paper #A-S.
--_
Syringe #A-6 administered; mask ECG graph paper #A-6.
If chemieals on Tray ~ are used the backup catiheter e~vill be used.

25.
26.

Saline dri in backu site is sto ed.
S rin e #$-1 administered; mark ECG rah a er #B-1.

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS RND REHABILITA710N

SAN QUENTIN STATE PRISfJN LETHAL INJEC710N
INl'R/~1VENOUS SUB-TEAM EXECUTION LOG
Page 2 of 2

CDCR 2179.(01/C 8)

27.

28.
29.
30.
31.
32.
33.

Sub-Team Member in Lethal Injection Room checks
inmate for consciousness. Check catheter for patency if
inmate is not unconscious.
Syrin e #B-2 administered; mark ECG gra h a er #B-2.
Sub-Team Member in Lethal Injection Roam checks
inmate for consciousness if necessar ).
Syringe #B-3 administered; mark ECG rah a er #B-3.
Syrin e #B-4 administered; mark ECG gra h a er #B-4.
If Thio ental Is Used,Proceed to Ste 32 Below.
Syrin e #B-5 administered; mark ECG rah aper #B-S.
Syringe #~3-6 administered; mark.ECG graph paper #B-6.
If cherraicals on 'fray C are used the alternate backup ~athete~• mill be used.

34.
35.
36.

37.
38.
39.
40.
41.
42.
43.
44.

Saline drip in alternate backup site is sto ed:
S rn e #C-1 administered; mark ECG gra h a er #C-1.
Sub-Yearn Member in Lethal Injection Room checks.
inmate for consciousness. Check catheter.far patency if
inmate is not unconscious.
S rin e #C-2 administered; mark ECG rah a er #C-2.
Sub-Team Member in Lethal Injection Room checks
inmate .for consciousness (if necessary>).
-- ---S ringe #C-3 administered; mark ECG graph paper #C-3.
#G-4.
Syringe #G4 administered;'mark ECG graph paper.
___
Used, Pr~~~ed to Ste 41 Below,
If Thiapental Is
____
_
~
S singe #C-5 administe~~ed; mark ECG graph paper #~C-5.
S sin e #C-6 adrn nistercd; mark I CG~iph pa er #C-6.
Mark ECG gra h a er when death is declared.
Pre are final re ort,

Lethal Injection Team Administrator

~~~

Date.

DEPARTMENT OF CORRECTIONS AND REHABILITATION

~uTATE OF CALIFORNIA

SAN QUENTIN STATE PRISON LETHAL INJECTION
TEAM ADMINISTRATOW7EAM SUPERVISOR EXECUTION LOG.
CDCR 2181 (QIl18)

Page 1 of 2

San Quentin State Prison
Lethal Injection. Team Administrator/Team Supervisor.
Execution Log
Inmate Name

CDCR #

Date of Execution

Record Keeping Sub-Team Member Identification #
Ste
1.

2.
3.

4.

5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
__
18.
19.

Comments
Time
Task
Sub-Team and. make
3 hours prior: Assemble.Record-Keeping
assignments.
Record I~e~in~~ub-'~'eam aetivat~d• E ~~cution I_,a~~s b~.~i~e.
The ~1'eam Supervisor removes the Lethal. Injection .Chemical from
the Lethal In'ection Facility safe.
The Team Supervisor transfers custody of the Lethal Injection
Chemical to two members of the Lethal injection Infusion SubTeam and completes the CDCR Fnrm 21`76 Lethal Injection Chain
of Custody San Quentin State Prison,
The. Team Administrator along with the . Warden of San .Quentin
meet with the condemned inmate in the Legal Injection Facility
holding cell area.
• Ask if the inmate wishes to write a last statement to be read
after the execution.
• Advise the inmate a sedative may be requested, and if approved.
by a physician, the .sedative shall be administered under their
direction.
The Lethal Injection Team Administrator and Team Supervisor
positions in the Infusion Control room.
take--initiated.
Infusion of Lethal Injection Chemical is---Flat line noted on ECG.
Dea~h clectared.
--Witnesses notified that inmate has ex iced.
-----Curtains drawn on viewing windows.
-—
--._
Inmate"s body prepared for Coroner/Mortuary.
If' ~he~i~aig t~~ 'Tr~~ I3 are used ~h~ ~aekup ~athetet~ mill be ~sec~.
Repe~~t protocol
Flat line noted on ECG.
Death declared.
Witnesses notified that innnate has ex fired. "'
---_
Curtains.drawn an viewing windows.
-_inmate,"s _ _
body prtpared for Coroner/Mortuary. --- - _ -, ---- — _ _._-- —_ _---- --- -----_._ -___ -.__
If che.nnicals urn ~~~ C` are, used the ~lter~ate ~a~:k~c~atheter a~~il~ ire used._
Re eat protocol.
Flat line noted on ECG.

DEPARTMENT QF CORREGTIpN5 AND REHABILITATIQN

a STATE OF CALIFORNIA

SAN G2UENTIN STATE PRISON LETHAL INJECTION
TEAM AQMIPIISTRA70R/TEAM SUPERVISOR EXECUTION LOG

Page 2 of 2

CDCR 21.81 (01/18j

Ste
20.
21.
22.
23.

Task

Time

Death declared,
Witnesses notified that inmate has expired.
Curtains drawn on viewin windows.
Inmate's body re ared for Coroner/Mortuar .

Lethal Injection Team Administrator:

Date:

Comments

DEPARTMENT OF CORRECTIONS AND REHABIIiTATION

STATE OF CAU~ORNIA

SAN QUENTIN STATE PRISON TEAM SUPERVISOR EXECUTION REPORT
~DCR 21$2(01/18}

San Quentin State Prison
Team Supervisor Execution 12eport
PAGE
DATE:

EXECUTION TEAM SUPERVISOR:
1. SUMMARY AND BRIEF DESCRIPTION OF EXECUTION:

2.

C}F

UNUSUAL WENT:

3. NARRATIVE OF EXECUTION:

INMATE NAME: LAST

FIRST

M1DDL~

CDCR #

DEPARTMENT OF CORRECTIONS AND REHABILITATION

~TA7E OF~CALIFQRNIA

SAN QUENTIN STATE PRISON TEAM MEMBER EXECUTION REPORT
CDCR 2183(01/98)

t'

•

"~ ••

~

PAGE
DATE:

TEAM MEMBER ID#
TEAM ASSIGNMENT:
NARRATIVE:

INMATE NAME: LAST

FIRST

MIDDLE

OF

CDCR #

j

~:1TF
";~t~'t'Y~"Tt ~TIO:~ (~F F1~:c;[;TI
.,tiIJ (wHfltt.F: QF' F`CFt~CTi~1'~ 1j F:"f~i~~t~
. ~, ,~.F

{~II

l

~r

"
~a ~t~
T~ ~~.,9
z.~j ~ ~

_. „~

Z~

__._.~...o_ _~~

— -- _~ . _.Jt.~ik.:
-"i:-f. !

~"..: , r

h3i:~h'T}f. t~,~~k:. tiiD Y'.~AR

was se~.r~ r~ ~.~arrar~t of A xecu~ian number
ka~.::v ,

_ ,..

_ ~,.Y ~...~

..
.County Su~arior Coy -ton^

it ~T~s e~l~.ined to me that 1 h~ti•~ an erec~uti~n date of____.

.___.~,

—_~.

~ ----is~~z~c~ WSJ
.::j ,. ..u,

.._,.~.~___ ..._..~._,.~,.._w

..and that I may choose either lethal gas or leth-~.1 i~ ..ctzan as the method of execution. I
understand that I ha~,~e ten da~•s from the

to of the ser~~ic~ of the warrant, or
_ to rr~~l~E this ch~~~c~ in ti~~ritin~ ~o the

until
4t';~rc~tYn

I also understand that ifI coca not riiak~ .: hoi~:~, letha? injection ~~-~ll be the method ofexecution.

..i.~.. -,. ..

,............
.....C.,...

....:,, ..
S .:.:

~ ,....

~~

~

}t7

r II{)I~~~F C7 F' ~'`ECL'Ti~?ti 1tl

.4'

~ t+>t
1 ;T \
a

•,
s .`;tip.

..~.

~~ ~'

},
, ,r.
c.., ~w
-~~ ~, {
r~ ~'
~~

.r
s

~~~C7

..

.~__

,~...~___....,,._.
..

~..._.

~, ~.._._._., .~~.

--

—

--

-

__._..__._ _ _ ~._-.-issue ~y°ray
was served Warrant €~f Execution number.__.__ _ .
;,
,
;~.,~~~ar~ +~z~
~,~f~~~rt~~° ~~up~~c~~

I ha~.•e been. noti.~ie~i that rir}~ ~.y:~~cutiai~ date w~i11 be..~....~........
anci that T m,~4~ c:hr~n~~ ~~ithf;r l+Ythi~l ~~s nr lethal inj~r:t.iC~n ;

thfl meth~7ci s~fexecutian.

I und~~~stan~ th:~t I t~:~r~ tc~n ci:i~•~ f~~~~m ttic' c~a~,~ the ~~~arra:~t ~;~a;; served, or
__.,_~. .. ,_ ._...~.., tc ;_,~~e this choice in writing to the

until .,~,_...._._ ~,,_~.M_..__.~

.1:

...

~i~+ ~.r{~E? A.

I~~.l~r>~iz~~l~~r~t~~t~~~t~~;~t.'.'i~~~;ti~tr~l;ak~~,~~~:~1~~~

3F,~}~:•,l~.;i~~~~trx~~n~,~•ill:~Y•tltf~~,~t~~t~~;~~~af~~ec~a~ian.

This is to notify the ~t~'ar.i~n: that, rY~=, k~oice is~.~_~.
(either lethal has car lethal in ~ctz+ ~,

~____._ ___

i
f;.

. , ____.~~r ~_ _

_.__

,: ,.., .,

~t~ (Lt iC'f: OF 1~:`~F~C'l.'(']Oti 1,l.titid;~ ~
{)~ I~~r~1E3 i~t-~~;~3

~._..___.__.__

._.,~___
~:~:r,~~~~:t

..,._

. , ... _

}a~t~.~ , ~~._,.~~1 ,i ~~:E~• c7t~ the ~t;rrr~n~ ~' ~xc:cuti~n

~ ._.___ W ._

u_. _ __ i~;sE~c~c? 1~~, ..

_

__

t_~;unt~~ '~~.~~crsi~r (_'tun ~ -;

C i~:~~.~ h:~cj ,~r, ~;~}~~~ ~ir~tt~. t~~ c~~t~~::s~; ~t~; rar~iticati~r,s t~r.~i z t ~c:r r~!.1ceu issues

4L~th

t , ri~~an administrator

lethal injection as the
that I am entitled tc~ elect either lethal gas
~-- i understand
iu
_:
metk~ad of my exc;cutaon. I further understand I must.m~+c my choice ia~ ~l~l~i~a~ tt~ ~~ ,~ d~:~, 1k" 1'

can _.....~.a ~.

either lethal ,gas yr E~t~al injectso~ within tin du~~~s ~ft~. the s~ ce ofthis ~~x~:c~tivr ~~~arr~:nti, ~ ~z ~~~5~~~~it~~~
method of execution will be lethal injection. i further understand if I recei~~e ~ , 3y of e~cecution, I wig} a~r:~ir, 4~avx}
the opportunity to cht~ose the method of execution when 1 am se;ti•ed a~rith :: noth~r eYecutiori date. I understar~~ Y
't~a~•e are ezecut~r~n date of
IrLmate has received a cc~~y ofche ~~Iarrant of Executic;n'>,~~~ refuses to sign far it

}
s

r

Inrzat~. understands his rr~a~.• ~°~t_s~~s~ ~it~er l~thwl ~~
Inr

~1.

~

1~
~ rr
,~ 1
r,c.c~stayr~ i. k,~ .,~t,~w~ r7~.;~w lip` ~:~~ i~':

e~ecutic~n warrant. This to c~u~ ~~ric~c' e

~r l~~t;~~' ~r.<<~•~;i~~n as t}~c: ~.~t~~;~~i cat execution

_ ..
.~.,ei~ t'

t+`+aiC

~:G;~

4 „~..... i ci.7 .. ~: 5f'~~~GC' ~}1
~~G'~

`.i. ?~

L~1S

rt~ or,

Inmate understands he will be recont~ ..e~ on tie above date. if the ~'~'arden has not received his written
notir.e of choice.
t } Inmate understands if h~ ma1:e~ r . hoic~. e~cecutic~n ~~•ill be imposed by Lethal iniectian
~ } Inrnzte ;~n~ierstan~s t~t~ n..ture ~ tt~~ c~ocurs~~nt and tElc: ~~~ss~o ~ r~u~n~t~~at~un~
~
( ) Inn~:~te his been in cc~nt.~~t ~ ~ h (eR,~ai counsel ~~~~ardi~;> t~~is mattwr
( ~ trlm~t~ urlderstand5 he w~~~'~ be inte;-ti~ie~~~ec~ b~~ ps~~~chiatrie ~tat~~anc~ a re~~,r~ c~~ t~~~ir ~ndins~s wii~ be fiEed

{ }

t

{ )
t

~

It~P:71tt' Cf:1ICS1J CO ~7c' t?? `-. c

t~lt~l

Inmate undersiand~ ' ;. ~~~ill be inter~~ieu~eci bti~ a Lha~iain anca ~-~ r,~r~;~es:ific rep,~rt « ;1 be filed
Inmate has had ~- ~cpl~n;~t ~~n ~t't~~e c«~~se ~fc~~ents ses it r7i~~:i~~n by the 11~'~~trr:~nt c~~f Execution.

~_: