NPS-8C Status of Death Penalty Statutes Statute in Force, 2009

NPS-8C
RETURN
TO

DSD – Crime Surveys Branch
NPS-8
U.S. CENSUS BUREAU
4600 Silver Hill Rd – Stop 8400
Washington, DC 20233-8400

NPS-8C

FORM
(06-30-2010)

OMB No. 1121-0030: Approval Expires xx/xx/xxxx
U.S. DEPARTMENT OF JUSTICE

STATUS OF
BUREAU OF JUSTICE STATISTICS
DEATH PENALTY STATUTES
and ACTING AS COLLECTING AGENT
STATUTE IN FORCE, 2009 U.S. DEPARTMENT OF COMMERCE
Economics and Statistics Administration
National Prisoner Statistics
U.S. CENSUS BUREAU
2010

(Please correct any error in name, mailing address, and ZIP Code)

DATA SUPPLIED BY
Title

Name
Area code Number

TELEPHONE

Extension

FAX
NUMBER

Area code Number

Date completed

E-MAIL
ADDRESS

GENERAL INFORMATION

• If you need assistance in completing the questionnaire, please call Colette Heiston,
U.S. Census Bureau, toll-free at 1–800–221–1829.
• Please mail your completed questionnaire to the U.S. Census Bureau in the enclosed
envelope before February 4, 2011, or FAX (both sides) to 1–301–763–3930.

Who receives this form?
This form is sent to jurisdictions that had a capital statute in effect on December 31, 2009.
What information is collected?
Items on the reverse side of this form relate to death penalty statutes in effect in your
jurisdiction during the period January 1, 2010, through December 31, 2010.
Burden statement
Under the Paperwork Reduction Act, we cannot ask you to respond to a collection of information
unless it displays a currently valid OMB control number. Public reporting burden for this collection
of information is estimated to average 15 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden
estimate or any other aspects of this collection of information, including suggestions for reducing
this burden, to the Director, Bureau of Justice Statistics, Washington, DC 20531; and to the Office
of Management and Budget, OMB No. 1121-0030, Washington, DC 20503.
USCENSUSBUREAU

1. National Prisoner Statistics (NPS) records
show that at the end of 2009 your State had
a capital punishment statute. During 2010,
was that law explicitly struck in whole or in
part by the U.S. or the State Supreme Court?
No – Go to Question 3
Yes

4. As of December 31, 2010, your State –
Had no capital punishment statute – STOP HERE
and return form.
Had a capital punishment statute
5. For what offense(s) can the death penalty be
imposed in your State?

Wholly struck
By U.S. Supreme Court
By State Supreme Court
Partially struck
By U.S. Supreme Court
By State Supreme Court
Effective date

Citation

Please provide a copy of the Law(s) cited in the box above.

2. In the opinion of the Attorney General, what
was the impact on persons sentenced under
your State’s statute?
All were effectively removed from under sentence of death
as of the decision date; that is, legally these persons could
not be executed under that sentence.
None were effectively removed from under sentence of
death as of the decision date; that is, legally these persons
could still possibly be executed under that sentence.

6. Does your State provide for automatic
appeal upon imposition of the death penalty,
irrespective of defendant’s wishes?
No
Yes
7. What methods of execution are authorized in
your capital punishment statute?
Mark (X) all that apply.
Lethal injection
Electrocution
Lethal gas
Hanging
Firing squad
Other – Specify

Some were effectively removed from under sentence of
death as of the decision date while others were not; that is,
legally some could still possibly be executed under that
sentence while others could not.

3. During 2010, the capital punishment statute
was:
Not changed
Revised or modified
Replaced (entirely new statute)

NOTES

Effective date

Citation

Please provide a copy of the revised sections.
If revised more than once, please specify.

Page 2

FORM NPS-8C (06-30-2010)