§ 7101 - Sentence and warrant
§ 7101. Sentence and warrant
In pronouncing sentence of death upon a person who is convicted of a capital crime, the court shall appoint a week within which the sentence shall be executed. At the time of such sentence, the court shall order a warrant to be issued by the clerk, under the seal of the court for the county in which such sentence is passed, to be directed to the commissioner of corrections, stating the conviction and sentence and commanding him or her to cause execution to be done in accordance with the provisions of such sentence, upon a day within the week so appointed. At the same time, the clerk shall transmit to the sheriff of the county in which such sentence is passed a mittimus directing him or her to deliver the body of such person to the commissioner of corrections and deliver to him or her a true and attested copy of such mittimus, the original of which shall be returned by the sheriff to the court from which issued. Unless a reprieve is granted or the inmate is pardoned, the sentence of death shall be executed by the commissioner of corrections, or by a person acting under his direction, within the week appointed by the court. If a reprieve is granted, the sentence of death shall be executed within the week beginning on the day next after the day on which the term of respite expires, and such sentence shall be executed on such day within such week as the commissioner elects. Previous announcement thereof shall not be made, except to such persons as are to be present. (Amended 1971, No. 199 (Adj. Sess.), § 9.)