Section 62. After examination by two psychiatrists designated by the commissioner of mental health, if it appears that a prisoner under sentence of death has become insane, the governor, with the advice and consent of the council, may, from time to time for a stated period, respite the execution of said sentence until it appears to their satisfaction that the prisoner is no longer insane. Upon such respite, the governor may order the removal of such prisoner to the hospital at the Massachusetts Correctional Institution, Bridgewater. Within ten days prior to the termination date of said respite, the medical director of said hospital shall have the said prisoner examined by two psychiatrists designated by the commissioner of mental health. If, after said examination, the said medical director is of the opinion that the prisoner is no longer insane, he shall so certify to the superintendent of the state prison, accompanied by a written statement regarding the mental condition of said prisoner. The superintendent shall thereupon cause the prisoner to be reconveyed to the state prison and to be kept there pursuant to the sentence of the court, and shall notify the governor of the return of said prisoner, and of his mental condition. If, however, in the opinion of the said medical director of said hospital the said prisoner is still insane, he shall so certify to the governor, accompanied by a written statement regarding the mental condition of the prisoner. Thereupon, the governor, with the advice and consent of the council, may further respite the execution of the sentence from time to time for a stated period, until it is determined that the prisoner is no longer insane, as herein provided.
If it appears to the satisfaction of the governor and council that a prisoner under sentence of death is pregnant, the governor, with the advice and consent of the council, shall from time to time respite the execution of said sentence for stated periods until it appears to their satisfaction that she is no longer pregnant.
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title II - Proceedings in Criminal Cases
Chapter 279 - Judgment and Execution
Section 1a - Suspension of Execution of Sentence; Probation; Child Support Payments
Section 2 - Suspension of Execution of Orders of Commitment to Massachusetts Reformatory, Etc.
Section 3a - Motion of District Attorney for Sentence
Section 4 - Imposition of Sentence; Stay of Execution
Section 4b - Notice to Victim of Sentencing Proceedings; Oral or Written Statements
Section 5 - Sentence if No Punishment Is Provided by Statute
Section 6 - Sentence to Jail or House of Correction
Section 7 - Sentence to Jail or House of Correction for Non-Payment of Fine
Section 8 - Commitments Upon Two or More Sentences
Section 8a - Determination of Time of Taking Effect of Sentence; ''from and After'' Sentence
Section 8b - Commission of Crime While Released on Personal Recognizance; Consecutive Sentence
Section 9 - Second Sentence for Non-Payment of Fine
Section 10 - Conditional Sentence
Section 11 - Punishment by Imprisonment Only or by Fine Only When Law Prescribes Both
Section 12 - Recognizance of Husband Convicted of Assault Upon Wife
Section 13 - Recognizance to Keep the Peace or to Be of Good Behavior
Section 14 - Recognizance; Filing; Proceedings on Breach of Condition
Section 15 - Sentence to Jail or House of Correction in Any County
Section 16 - Sentencing of Female to Massachusetts Correctional Institution, Framingham
Section 19 - Place of Imprisonment of Females Convicted of Felony
Section 20 - Execution of Sentence of Imprisonment of Females Sentenced to Confinement at Hard Labor
Section 23 - Limitation of Sentences of Males to Jails or Houses of Correction
Section 25 - Punishment of Habitual Criminals
Section 26 - Further Sentence of Convict in State Prison
Section 30 - Vacation of Office From Time of Sentence to State Prison
Section 33a - Credit for Days of Confinement Awaiting and During Trial
Section 35 - Transmission of Complaint or Indictment to Correctional Institution
Section 36 - Sentences to State Farm
Section 37 - Setting Out Statutory Name of Crime in Warrant for Commitment
Section 38 - Powers of Sheriff or Constable in Execution of Warrant of Commitment
Section 39 - Return of Precept to Magistrate
Section 40 - Service of New Warrant of Commitment Upon Convict
Section 41 - Default of Corporation
Section 42 - Warrant of Distress to Compel Payment of Penalty or Assessment
Section 59 - Execution of Death Sentence; Time Constraints
Section 60 - Means of Execution of Death Sentence
Section 61 - Capital Crime Conviction; Imposition of Sentence; Insane and Pregnant Persons
Section 63 - Delay in Execution of Death Sentence; Consideration of Pardon
Section 64 - Judicial Stay of Execution of Death Sentence; Final Determination of Judicial Questions
Section 65 - Witnesses; Execution of Death Sentence
Section 66 - Execution of Death Sentence; Post Mortem Examination
Section 67 - Warrant for Execution of Death Sentence; Return to Clerk of Court After Execution
Section 69 - Aggravating and Mitigating Circumstances in Death Penalty Cases
Section 70 - Death Penalty Imposed; Jury Findings Necessary
Section 71 - Review of Death Sentence; Remand; Reversal; Affirmation