Section 18-1.3-1402 - Mental competency to be executed - presumptions(1) A person who is sentenced to death shall not be executed so long as the person is mentally incompetent to be executed.(2) Any convicted person who is sentenced to death is presumed mentally competent to be executed. A convicted person may be found mentally incompetent to be executed only on clear and convincing evidence of such condition. The party asserting that the convicted person is mentally incompetent to be executed bears the burden of proof regarding such condition and the burden of producing evidence of such condition.L. 2002: Entire article added with relocations, p. 1459, § 2, effective October 1.This section is similar to former § 16-8-302 as it existed prior to 2002.