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California Revises Lethal Injection Protocol

On December 15, 2006, U.S. District Judge Jeremy Fogel identified five specific deficiencies in California's lethal injection protocol arising from the case of Morales v. Tilton. The specific deficiencies identified were:

  • Inconsistent and unreliable screening of execution team members;
  • A lack of meaningful training, supervision, and oversight of the execution team;
  • Inconsistent and unreliable record keeping;
  • Improper mixing, preparation, and administration of sodium thiopental by the execution team; and
  • Inadequate lighting, overcrowded conditions, and poorly designed facilities in which the execution team must work.

On May 15, 2007, the State of California released a report to Judge Fogel proposing revisions to lethal injection protocols.  In order to address the judge’s concerns and improve the lethal injection protocol, the state has:

  • Established a screening process for selection of execution team members and a periodic review process for team members.  The lethal injection team will consist of a minimum of 20 members, to be determined by the Warden at San Quentin.  There will be strict screening and criteria, as well as performance reviews.  If necessary, the California Department of Corrections and Rehabilitation (CDCR) may contract with specialists to perform specific duties during the lethal injection process. 
  • Established a comprehensive training program for all execution team members.  The state has developed formalized training plans for all lethal injection team members and specialized team functions.  There is a strict training regiment that will be followed in areas including:
    • Custody and care of the condemned inmate
    • Overview of intravenous application and vein access
    • Characteristics and effects of each chemical used in the process
    • Proper preparation and mixing of chemicals
    • Infusion process
    • Security of the lethal injection facility
    • Proper report writing and record keeping

  • Developed standardized record keeping to ensure there are complete and reliable records of each execution.  The state has developed specific forms, processes and formats to ensure that complete and accurate record keeping of an execution is achieved.  Specialized training will be provided to lethal injection team members on the subject of report writing and proper record keeping.
  • Developed training processes for the proper use of sodium thiopental.  The court stated that the lethal injection process included improper mixing, preparation, and administration of sodium thiopental by the execution team.  In response, the state developed training processes for proper mixing, preparation, and administration of sodium thiopental. 
  • Recommended improvements to the death penalty facility at San Quentin Prison.   The state has developed a plan and taken steps to ensure there is adequate equipment, lighting and space for the execution team to work.  Current law requires that all executions be conducted within the walls of San Quentin State Prison.  A suitable site was identified, and plans were developed to remodel an existing facility in a way that addresses the judge’s concerns.  The project has been submitted to the Legislature for funding approval.
  • Proposed revisions to the lethal injection protocol.  The revisions to San Quentin’s Operating Procedure 770 (OP 770) modify the procedures to be used to administer lethal injection.  As part of its review, the state consulted with experts and visited other jurisdictions.  The revised protocol will ensure that San Quentin’s procedure, both as written and as actually implemented, does not create an undue and unnecessary risk that an inmate will suffer pain so extreme that it offends the Eighth Amendment’s prohibition against cruel and unusual punishment.