6-2-101, et seq.; 7-13-901, et seq.
Effect of Incapacity
Suspend sentence if mentally incapacitated or pregnant
While under sentence, on parole/probation, after escaping detention or released on bail; previous conviction for murder in first degree or felony using violence; knowingly created great risk of death to 2 or more persons; while committing/attempting to commit aircraft piracy or unlawful discharge of bomb; while escaping or avoiding arrest; for pecuniary gain; was especially atrocious or cruel; court official in exercise of official duty; victim is less than 17 years or older than 65 years; victim especially vulnerable due to significant mental or physical disability; poses substantial and continuing threat or likely to commit acts again; while committing/attempting to commit robbery, sexual assault, arson, burglary, kidnapping
Method of Execution
Lethal injection or lethal gas if injection ruled unconstitutional