When a person is sentenced to death and the sentence is reviewed and affirmed by the Supreme Judicial Court, the clerk of the trial court shall prepare a certified copy of the record of the judgment and the sheriff shall transmit the record to the Governor.__The sentence may not be executed until the Governor issues a warrant directing the warden of the Maine State Prison to execute the sentence at a specified time, attaches it to the copy of the record and transmits it to the warden.

§1853.__Stay of execution of death sentence

The execution of a death sentence may be stayed only by the Governor or incident to an appeal or collateral proceeding.

§1854.__Proceedings when person sentenced to death appears

to be mentally ill

1.__Examination by psychiatrists.__When the Governor is informed that a person under sentence of death may be mentally ill, the Governor shall stay execution of the sentence and appoint a commission of 3 psychiatrists to examine the convicted person.__The Governor shall notify the psychiatrists in writing that they are to examine the convicted person to determine whether the convicted person understands the nature and effect of the death penalty and why it is imposed upon the convicted person.__The examination of the convicted person must take place with all 3 psychiatrists present at the same time.__Counsel for the convicted person and counsel for the State may be present at the examination.__If the convicted person does not have counsel, the court that imposed the sentence shall appoint counsel to represent the convicted person.

2.__Issuance of warrant.__After receiving the report of the commission under subsection 1, if the Governor decides that the convicted person has the mental capacity to understand the nature of the death penalty and the reasons it was imposed upon the convicted person, the Governor shall issue a warrant to the warden of the Maine State Prison directing the warden to execute the sentence at a time designated in the warrant.

3.__Committed to mental health institute.__If the Governor decides that the convicted person does not have the mental capacity to understand the nature of the death penalty and the reasons it was imposed, the Governor shall have the convicted person committed to a state mental health institute.