Title 17, Chapter 10, Section 40
( 17-10-40)
(a) Where the time period for the execution of any convicted person
in a capital case has passed by reason of a supersedeas incident to
appellate review, a stay of execution by the State Board of Pardons
and Paroles, or for any other reason, a judge of the superior court
of the county where the case was tried shall have the power and
authority to pass an order fixing a new time period for the
execution of the original sentence without requiring the convicted
person to be brought before him by a writ of habeas corpus. The
order shall be recorded on the minutes of the court and a certified
copy of the order shall be sent immediately to the convicted
person's attorney of record, to the Attorney General, and to the
superintendent of the state correctional institution at the place of
execution. (b) The new time period for the execution shall be seven days in
duration and shall commence at noon on a specified date and shall
end at noon on a specified date. The new time period for the
execution fixed by the judge shall commence not less than ten nor
more than 20 days from the date of the order. (c) The Department of Corrections shall set the day and time for
execution within the time period designated by the judge of the
superior court. If the execution is not carried out on the day and
at the time originally set by the Department of Corrections, the
Department of Corrections is authorized to set new dates and times
for execution within the period designated by the judge of the
superior court. |