77-20-10 - Grounds for detaining defendant while appealing the defendant's conviction -- Conditions for release while on appeal.
77-20-10. Grounds for detaining defendant while appealing the defendant'sconviction -- Conditions for release while on appeal.
(1) The court shall order that a defendant who has been found guilty of an offense andsentenced to a term of imprisonment in jail or prison, and who has filed an appeal or a petitionfor 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 is notlikely to flee the jurisdiction of the court, and will not pose a danger to the physical,psychological, or financial and economic safety or well-being of any other person or thecommunity if released.
(2) If the court makes a finding under Subsection (1) that justifies not detaining thedefendant, the court shall order the release of the defendant, subject to conditions that result inthe least restrictive condition or combination of conditions that the court determines willreasonably assure the appearance of the person as required and the safety of any other person andthe community. The conditions may include that the defendant:
(a) post appropriate bail;
(b) execute a bail bond with a bail bond surety under Title 31A, Chapter 35, Bail BondAct, in an amount necessary to assure the appearance of the defendant as required;
(c) (i) execute a written agreement to forfeit, upon failing to appear as required,designated property, including money, as is reasonably necessary to assure the appearance of thedefendant; and
(ii) post with the court indicia of ownership of the property or a percentage of the moneyas the court may specify;
(d) not commit a federal, state, or local crime during the period of release;
(e) remain in the custody of a designated person who agrees to assume supervision of thedefendant and who agrees to report any violation of a release condition to the court, if thedesignated person is reasonably able to assure the court that the defendant will appear as requiredand will not pose a danger to the safety of any other person or the community;
(f) maintain employment, or if unemployed, actively seek employment;
(g) maintain or commence an educational program;
(h) abide by specified restrictions on personal associations, place of abode, or travel;
(i) avoid all contact with the victims of the offense and with any witnesses who testifiedagainst the defendant or potential witnesses who may testify concerning the offense if the appealresults in a reversal or an order for a new trial;
(j) report on a regular basis to a designated law enforcement agency, pretrial servicesagency, or other designated agency;
(k) comply with a specified curfew;
(l) not possess a firearm, destructive device, or other dangerous weapon;
(m) not use alcohol, or any narcotic drug or other controlled substances except asprescribed by a licensed medical practitioner;
(n) undergo available medical, psychological, or psychiatric treatment, including
treatment for drug or alcohol dependency, and remain under the supervision of or in a specifiedinstitution if required for that purpose;
(o) return to custody for specified hours following release for employment, schooling, orother limited purposes;
(p) satisfy any other condition that is reasonably necessary to assure the appearance ofthe defendant as required and to assure the safety of any other person and the community; and
(q) if convicted of committing a sexual offense or an assault or other offense involvingviolence against a child 17 years of age or younger, is limited or denied access to any location oroccupation where children are, including but not limited to:
(i) any residence where children are on the premises;
(ii) activities, including organized activities, in which children are involved; and
(iii) locations where children congregate, or where a reasonable person should know thatchildren congregate.
(3) The court may, in its discretion, amend an order granting release to impose additionalor different conditions of release.
Amended by Chapter 173, 2004 General Session