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Catholic Chaplains Complain About California's Proposed Lethal Injection Protocol

By Howard M. Friedman

On June 30, the California Department of Rehabilitation and Corrections held a hearing on its Proposed Regulations on lethal injections (full text). Executions in California were suspended in 2006 after a federal district court in Morales v. Hickman raised questions about whether California's protocol for executions created too great a risk of extreme pain. Media coverage immediately after the June DRC hearings indicated that much of the testimony focused on broad opposition to capital punishment. (Los Angeles Times.) However on Friday, Tidings carried an article outlining a narrower objection to the proposed new regulations raised by Catholic prison chaplains.

The proposed regulations require that 45 days before execution:

3349.3.1(e) The Chaplain shall:
(1) Interview the inmate to assess the inmate?s spiritual and emotional well-being.
(2) Determine the inmate?s religious preferences and needs, next of kin, funeral or other requests, attitudes or thoughts on death and dying, and note any observations regarding the inmate?s emotional stability such as acceptance of the sentence of death.
(3) Formulate these observations into a written report and submit it to the Warden within sufficient time to meet the Warden?s 20-day report deadline.

Then ten days before execution:

3349.3.3(f) The Chaplain shall deliver a written report to the Warden regarding the emotional state of mind of the inmate. These observations shall be limited to contacts made within three days preceding preparation of the report.

Chaplains are concerned that these requirement may call for them to reveal information received in confidence from the prisoner which currently is protected by the clergy-penitent privilege.

Full post as published by Religion Clause on July 12, 2009 (boomark / email).