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IN RE READOPTION OF N.J.A.C. 10A:23

842 A.2d 207 (2004)

367 N.J. Super. 61

In the Matter of READOPTION WITH AMENDMENTS OF DEATH PENALTY REGULATIONS N.J.A.C. 10A:23, by the New Jersey Department of Corrections.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 2004.

Attorney(s) appearing for the Case

Kevin D. Walsh, argued the cause for appellant/cross-respondent New Jerseyans for a Death Penalty Moratorium.

David M. Ragonese, Deputy Attorney General, argued the cause for respondent/cross-appellant Department of Corrections (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Ragonese, on the brief).

Before Judges PRESSLER, CIANCIA and ALLEY.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

N.J.S.A. 2C:49-1 to -12 prescribes the procedures for carrying out a sentence of death by lethal injection. N.J.S.A. 2C:49-11 authorizes the Department of Corrections (DOC) to adopt rules and regulations to implement the statute. The DOC did so, first by promulgating an administrative policy and thereafter by the adoption and readoptions

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