The proposed bill establishes new procedures for charging offenders with the death penalty if they commit aggravated first-degree murder while incarcerated. It introduces a requirement for the prosecuting attorney to submit a request for review to a newly formed death penalty review panel, which will evaluate whether the death penalty should be pursued. The panel's recommendation will be based on factors such as mitigating circumstances, the effectiveness of the death penalty in deterring crime, and the overall fairness of its application. If the panel recommends pursuing the death penalty, the prosecuting attorney must file a notice of a special sentencing proceeding within a specified timeframe, during which the defendant cannot plead guilty to the charge.
Additionally, the bill establishes the composition and responsibilities of the death penalty review panel, which will include four prosecuting attorneys, the attorney general or a designee, and the secretary of the department of corrections or a designee. The panel will review all relevant materials and make a recommendation regarding the death penalty based on the criteria outlined in the bill. The prosecuting attorney from the county where the murder occurred will serve as an ad hoc member of the panel. The panel's recommendations will be documented and submitted to the relevant prosecuting attorney, ensuring a structured approach to determining the appropriateness of seeking the death penalty in such cases.