Title 17, Chapter 10, Section 33
( 17-10-33)
Upon a judgment of death made by a judge, it shall be the duty of
the judge to sentence the defendant to death and to indicate the
sentence in writing, which writing shall be filed with the papers in
the case against the defendant. A certified copy of the sentence
shall be sent by the clerk of the court in which the sentence is
pronounced to the defendant's attorney of record, to the Attorney
General, and to the superintendent of the state correctional
institution where the execution is to take place, not less than ten
days prior to the time fixed in the sentence of the court for the
execution of the defendant. In all cases it shall be the duty of
the sheriff of the county in which the defendant is sentenced,
together with one deputy or more if in the sheriff's judgment it is
necessary, and provided that in all cases the number of guards shall
be approved by the trial judge or, if the trial judge is not
available, by the judge of the probate court of the county in which
the defendant is sentenced, to convey the defendant to the
appropriate state correctional institution, not more than 20 days
nor less than two days prior to the time fixed in the judgment for
the execution of the defendant, unless otherwise directed by the
Governor or unless a stay of execution has been caused by an appeal,
granting of a new trial, or other order of a court of competent
jurisdiction. The expense for transporting the defendant to the
state correctional institution for the purpose of execution of the
death sentence shall be paid by the county governing authority of
the county in which the defendant was convicted, out of any funds on
hand in the treasury of the county. |