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Comment Period on Execution Regulation Starts Today

Back in July KCADP posted an announcement here that  Kentucky intends to gear up for more executions after a new execution protocol is approved. To read the text of the regulation filed in July, click here: 501 KAR 16-290, 501 KAR 16-310, and 501 KAR 16-330.

Today I am attaching an analysis of these three regulations, a “guide” for those wishing to comment on them. This material is lengthy and you need not use all of it. It is meant to help you as you consider writing your comments for submission to the Department of Corrections. Questions regarding this material can be directed to me at

The public written comment period on the proposed regulations opens September 4, and will close on October 1, 2012.  DOC has also scheduled a one-day public to be held on September 25, 2012, starting at 9:00 a.m. eastern time. The public hearing will be at the Transportation Cabinet Building’s Auditorium, 200 Mero Street, Frankfort, Kentucky 40601.

You do not need to reside in Kentucky to submit a written comment or to speak at the public hearing.  Anyone in the country can do so. And, one can both submit a written comment and speak at the public hearing, even if both pertain to the same topic. I encourage you to do both, if possible

Individuals who desire to speak at the public hearing shall notify DOC in writing no later than five workdays prior to the hearing.  This means written notification must be received by DOC no later than September 18, 2012.

Written comments may be submitted by mail or fax.  They must be received by October 1, 2012 at 4:30 p.m. eastern time.  If you send your comment by mail close to the October 1st deadline, please also consider sending a copy by fax to ensure it arrives by October 1st (note September 29th is a Sunday).  Both written comments and notice to speak at the public hearing should reference “Death Penalty Procedures” and should be directed to:

Amy V. Barker
Assistant General Counsel
Department of Justice and Public Safety Cabinet
125 Holmes Street
Frankfort, Kentucky 40601
Phone: 502-564-3279
Fax: 502-564-6686.


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