77-19-9 - Judgment of death not executed -- Order for execution. - Utah Statutes

77-19-9. Judgment of death not executed -- Order for execution.
(1) If for any reason a judgment of death has not been executed and remains in force, thecourt where the conviction was had, on application of the prosecuting attorney, shall order thedefendant to be brought before it or, if the defendant is at large, issue a warrant for thedefendant's apprehension.
(2) When the defendant is brought before the court, it shall inquire into the facts and, ifno legal reason exists against the execution of judgment, the court shall make an order requiringthe executive director of the Department of Corrections or the executive director's designee toensure that the judgment is executed on a specified day, which may not be fewer than 30 normore than 60 days after the court's order, and may not be a Sunday, Monday, or a legal holiday,as defined in Section 63G-1-301. The court shall also draw and have delivered another warrantunder Section 77-19-6.
(3) The Department of Corrections shall determine the hour, within the appointed day, atwhich the judgment is to be executed.

Amended by Chapter 382, 2008 General Session