(a) Staying sentence terms other than incarceration.
(a)(1)A sentence of death is stayed if a motion for a new trial, an
(a)(2)When an appeal is taken by the prosecution, a stay of any order ofjudgment in favor of the defendant may be granted by the court upon good causepending disposition of the appeal.
(a)(3)Upon the filing of a motion for a new trial or a notice of appeal, and uponmotion of the defendant, the court may stay any sentenced amount of fines,conditions of probation (other than incarceration) pending disposition of the motionfor a new trial or appeal, upon notice to the prosecution and a hearing ifrequested by the prosecution.
(a)(4)A party dissatisfied with the trial court?s ruling on such a motion maypetition for relief in the court with appellate jurisdiction.
(b) Staying sentence terms of incarceration.
(b)(1)In general. Before a court may release a defendant after the filing of amotion for a new trial or notice of appeal, the court must:
(b)(2)A defendant shall file a written motion in the trial court requesting a stay ofthe sentence term of incarceration.
(b)(3)The court shall issue a certificate of probable cause if it finds that themotion for a new trial or appeal:
(b)(4)If the court issues a certificate of probable cause it shall order thedefendant released if it finds that clear and convincing evidence exists todemonstrate that the defendant is not a flight risk and that the defendant doesnot pose a danger to any other person or the community if released under any ofthe conditions set forth in subsection (c).
(b)(5)The court ordering release pending determination of a motion for a new trial orappeal under subsection (b)(4) shall order release on the least restrictivecondition or combination of conditions set forth in subsection (c) that thecourt determines will reasonably assure the appearance of the person as requiredand the safety of persons and property in the community.
(b)(6)Review of trial court?s order. A party dissatisfied with the relief granted ordenied under this subsection may petition the court with appellate jurisdictionin which the appeal is pending.
(c) Conditions of release. If the court determines that the defendant maybe released pending motion for a new trial proceedings or an appeal, it mayrelease the defendant on the least restrictive condition or combination ofconditions that the court determines will reasonably assure the appearance ofthe person as required and the safety of persons and property in the community,which conditions may include, without limitation, that the defendant:
(c)(3)remain in the custody of a designated person who agrees to assume supervisionof the defendant and who agrees to report any violation of a release conditionto the court, if the designated person is reasonably able to assure the courtthat the person will appear as required and will not pose a danger to thesafety of any other person or the community;
(c)(4)maintain employment, or if unemployed, actively seek employment
(c)(6)abide by specified restrictions on personal associations, place of abode ortravel;
(c)(7)avoid all contact with the victim or victims of the crime(s), any witness orwitnesses who testified against the defendant and any potential witnesses whomight testify concerning the offenses if the appeal results in a reversal or anorder for a new trial;
(c)(10)refrain from possessing a firearm, destructive deviceor other dangerous weapon;
(c)(12)undergo available medical, psychological orpsychiatric treatment, including treatment for drug or alcohol abuse ordependency;
(c)(13)execute an agreement to forfeit, upon failing to appear as required, suchdesignated property, including money, as is reasonably necessary to assure theappearance of the defendant as required, and post with the court such indiciaof ownership of the property or such percentage of the money as the court mayspecify;
(d) Amended conditions of release. The court may at any time for good cause shownamend the order granting release to impose additional or differentconditions of release.
Effective November 1, 2019