77-20-302. Grounds for detaining defendant while appealing the defendant's conviction -- Conditions for release while on appeal.
(1) The court shall order that a defendant who has been found guilty of an offense in a court of record and sentenced to a term of imprisonment in jail or prison, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the court finds:
(a) the appeal raises a substantial question of law or fact likely to result in:
(i) reversal;
(ii) an order for a new trial; or
(iii) a sentence that does not include a term of imprisonment in jail or prison;
(b) the appeal is not for the purpose of delay; and
(c) by clear and convincing evidence presented by the defendant, that the defendant:
(i) is not likely to flee the jurisdiction of the court if released; and
(ii) will not pose a danger to the physical, psychological, or financial and economic safety or well-being of any other person or the community if released.
(2)
(a) If the court makes a finding under Subsection (1) that justifies not detaining the defendant, the court shall order the release of the defendant, subject to only conditions of release that are reasonably available and necessary to reasonably ensure the appearance of the defendant as required and the safety of any other individual, property, and the community.
(b) The conditions under Subsection (2)(a) may include conditions described in Subsection 77-20-205(5).
(c) The court may, in the court's discretion, amend an order granting release to impose additional or different conditions of release.
(3) If the defendant is found guilty of an offense in a court not of record and files a timely notice of appeal in accordance with Subsection 78A-7-118(2) for a trial de novo, the court shall stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance of the evidence that the defendant poses a danger to another person or the community.
(4) If a stay is ordered, the court may order postconviction restrictions on the defendant's conduct as appropriate, including:
(a) continuation of any pretrial restrictions or orders;
(b) sentencing protective orders under Section 78B-7-804;
(c) drug and alcohol use;
(d) use of an ignition interlock; and
(e) posting appropriate monetary bail.
(5) The provisions of Subsections (3) and (4) do not apply to convictions for an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
(6) Any stay authorized by Subsection (3) is lifted upon the dismissal of the appeal by the district court.
Amended by Chapter 113, 2023 General Session
Amended by Chapter 408, 2023 General Session
