77-20-1 Right to bail — Denial of bail — Hearing.
(1) As used in this chapter:
(a) “Bail bond agency” means the same as that term is defined in Section 31A-35-102.
(b) “Surety” and “sureties” mean a surety insurer or a bail bond agency.
(c) “Surety insurer” means the same as that term is defined in Section 31A-35-102.
(2) A person charged with or arrested for a criminal offense shall be admitted to bail as a matter of right, except if the person is charged with a:
(a) capital felony, when the court finds there is substantial evidence to support the charge;
(b) felony committed while on probation or parole, or while free on bail awaiting trial on a previous felony charge, when the court finds there is substantial evidence to support the current felony charge;
(c) felony when there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the person would constitute a substantial danger to any other person or to the community, or is likely to flee the jurisdiction of the court, if released on bail; or
(d) felony when the court finds there is substantial evidence to support the charge and it finds by clear and convincing evidence that the person violated a material condition of release while previously on bail.
(3) Any person who may be admitted to bail may be released either on the person’s own recognizance or upon posting bail, on condition that the person appear in court for future
court proceedings in the case, and on any other conditions imposed in the discretion of the magistrate or court that will reasonably:
(a) ensure the appearance of the accused;
(b) ensure the integrity of the court process;
(c) prevent direct or indirect contact with witnesses or victims by the accused, if appropriate; and
(d) ensure the safety of the public.
(4)
(a) Except as otherwise provided, the initial order denying or fixing the amount of bail shall be issued by the magistrate or court issuing the warrant of arrest.
(b) A magistrate may set bail upon determining that there was probable cause for a warrantless arrest.
(c) A bail commissioner may set bail in a misdemeanor case in accordance with Sections 10-3-920 and 17-32-1.
(d) A person arrested for a violation of a jail release agreement or jail release order issued pursuant to Section 77-36-2.5:
(i) may not be released before the accused’s first judicial appearance; and
(ii) may be denied bail by the court under Subsection 77-36-2.5(8) or (12).
(5) The magistrate or court may rely upon information contained in:
(a) the indictment or information;
(b) any sworn probable cause statement;
(c) information provided by any pretrial services agency; or
(d) any other reliable record or source.
(6)(a) A motion to modify the initial order may be made by a party at any time upon notice to the opposing party sufficient to permit the opposing party to prepare for hearing and to permit any victim to be notified and be present.
(b) Hearing on a motion to modify may be held in conjunction with a preliminary hearing or any other pretrial hearing.
(c) The magistrate or court may rely on information as provided in Subsection (5) and may base its ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to bail.
(7) Subsequent motions to modify bail orders may be made only upon a showing that there has been a material change in circumstances.
(8) An appeal may be taken from an order of any court denying bail to the Supreme Court, which shall review the determination under Subsection (2).
(9) For purposes of this section, any arrest or charge for a violation of Section 76-5-202, Aggravated murder, is a capital felony unless:
(a) the prosecutor files a notice of intent to not seek the death penalty; or
(b) the time for filing a notice to seek the death penalty has expired and the prosecutor has not filed a notice to seek the death penalty.
Amended by Chapter 234, 2016 General Session Effective 5/9/2017
77-20-1 Right to bail — Denial of bail — Hearing.
(1) As used in this chapter:
(a) “Bail bond agency” means the same as that term is defined in Section 31A-35-102.
(b) “Surety” and “sureties” mean a surety insurer or a bail bond agency.
(c) “Surety insurer” means the same as that term is defined in Section 31A-35-102.
(2) A person charged with or arrested for a criminal offense shall be admitted to bail as a matter of right, except if the person is charged with a:
(a) capital felony, when the court finds there is substantial evidence to support the charge;
(b) felony committed while on probation or parole, or while free on bail awaiting trial on a previous felony charge, when the court finds there is substantial evidence to support the current felony charge;
(c) felony when there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the person would constitute a substantial danger to any other person or to the community, or is likely to flee the jurisdiction of the court, if released on bail; or
(d) felony when the court finds there is substantial evidence to support the charge and it finds by clear and convincing evidence that the person violated a material condition of release while previously on bail.
(3) Any person who may be admitted to bail may be released by written undertaking or an equal amount of cash bail, or on the person’s own recognizance, on condition that the person appear in court for future court proceedings in the case, and on any other conditions imposed in the discretion of the magistrate or court that will reasonably:
(a) ensure the appearance of the accused;
(b) ensure the integrity of the court process;
(c) prevent direct or indirect contact with witnesses or victims by the accused, if appropriate; and
(d) ensure the safety of the public.
(4)(a) Except as otherwise provided, the initial order denying or fixing the amount of bail shall be issued by the magistrate or court issuing the warrant of arrest.
(b) A magistrate may set bail upon determining that there was probable cause for a warrantless arrest.
(c) A bail commissioner may set bail in a misdemeanor case in accordance with Sections 10-3-920 and 17-32-1.
(d) A person arrested for a violation of a jail release agreement or jail release order issued in accordance with Section 77-20-3.5:
(i) may not be released before the accused’s first judicial appearance; and
(ii) may be denied bail by the court under Subsection 77-20-3.5(9) or (11).
(5) The magistrate or court may rely upon information contained in:
(a) the indictment or information;
(b) any sworn probable cause statement;
(c) information provided by any pretrial services agency; or
(d) any other reliable record or source.
(6)
(a) A motion to modify the initial order may be made by a party at any time upon notice to the opposing party sufficient to permit the opposing party to prepare for hearing and to permit any victim to be notified and be present.
(b) Hearing on a motion to modify may be held in conjunction with a preliminary hearing or any other pretrial hearing.
(c) The magistrate or court may rely on information as provided in Subsection (5) and may base its ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to bail.
(7) Subsequent motions to modify bail orders may be made only upon a showing that there has been a material change in circumstances.
(8) An appeal may be taken from an order of any court denying bail to the Supreme Court, which shall review the determination under Subsection (2).
(9) For purposes of this section, any arrest or charge for a violation of Section 76-5-202, Aggravated murder, is a capital felony unless:
(a) the prosecutor files a notice of intent to not seek the death penalty; or
(b) the time for filing a notice to seek the death penalty has expired and the prosecutor has not filed a notice to seek the death penalty.
Amended by Chapter 289, 2017 General Session
Amended by Chapter 311, 2017 General Session
Amended by Chapter 332, 2017 General Session
77-20-3 Release on own recognizance — Changing amount of bail or conditions of release.
(1) Any person who may be admitted to bail may likewise be released on the person’s own recognizance in the discretion of the magistrate or court.
(2) After releasing the defendant on the defendant’s own recognizance or admitting the defendant to bail, the magistrate or court may:
(a) impose bail or increase or decrease the amount of the bail; and
(b) impose or change the conditions of release under Subsection 77-20-1(3).
Amended by Chapter 234, 2016 General Session
Effective 5/9/2017
77-20-3.5 Conditions for release after arrest for domestic violence and other offenses — Jail release agreements — Jail release court orders.
(1) As used in this section:
(a) “Domestic violence” means the same as that term is defined in Section 77-36-1.
(b) “Jail release agreement” means a written agreement described in Subsection 77-20-3.5(3) that:
(i) limits the contact an individual arrested for a qualifying offense may have with an alleged victim; and
(ii) specifies other conditions of release from jail.
(c) “Jail release court order” means a written court order issued in accordance with Subsection 77-20-3.5(3) that:
(i) limits the contact an individual arrested for a qualifying offense may have with an alleged victim; and
(ii) specifies other conditions of release from jail.
(d) “Minor” means an unemancipated individual who is younger than 18 years of age.
(e) “Offense against a child or vulnerable adult” means the commission or attempted commission of an offense described in Section 76-5-109, 76-5-109.1, 76-5-110, or 76-5-111.
(f) “Qualifying offense” means:
(i) domestic violence;
(ii) an offense against a child or vulnerable adult; or
(iii) the commission or attempted commission of an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses.
(2)
(a) Upon arrest for a qualifying offense and before the person is released on bail, recognizance, or otherwise, the person may not personally contact the alleged victim.
(b) A person who violates Subsection (2)(a) is guilty of a class B misdemeanor.
(3)
(a) After a person is arrested for a qualifying offense, the person may not be released before:
(i) the matter is submitted to a magistrate in accordance with Section 77-7-23; or
(ii) the person signs a jail release agreement in accordance with Subsection (3)(d)(i).
(b) The arresting officer shall ensure that the information presented to the magistrate includes whether the alleged victim has made a waiver described in Subsection (6)(a).
(c) If the magistrate determines there is probable cause to support the charge or charges of one or more qualifying offenses , the magistrate shall determine:
(i) whether grounds exist to hold the arrested person without bail, in accordance with Section 77-20-1;
(ii) if no grounds exist to hold the arrested person without bail, whether any release conditions, including electronic monitoring, are necessary to protect the alleged victim; or
(iii) any bail that is required to guarantee the arrested person’s subsequent appearance in court.
(d)
(i) The magistrate may not release a person arrested for a qualifying offense before the person’s initial court appearance before the court with jurisdiction over the offense for which the person was arrested, unless the arrested person agrees in writing or the magistrate orders, as a release condition, that, until the arrested person appears at the initial court appearance, the arrested person will not:
(A) have personal contact with the alleged victim;
(B) threaten or harass the alleged victim; or
(C) knowingly enter onto the premises of the alleged victim’s residence or any premises temporarily occupied by the alleged victim.
(ii) The magistrate shall schedule the appearance described in Subsection (3)(d)(i) to take place no more than 96 hours after the time of the arrest.
(iii) The arrested person may make the appearance described in Subsection (3)(d)(i) by video if the arrested person is not released.
(4)
(a) If a person charged with a qualifying offense fails to appear at the time scheduled by the magistrate under Subsection (3)(d), the person shall comply with the release conditions described in Subsection (3)(d)(i) until the person makes an initial appearance.
(b) If the prosecutor has not filed charges against a person who was arrested for a qualifying offense and who appears in court at the time scheduled by the magistrate under Subsection
(3)(d), or by the court under Subsection (4)(b)(ii), the court:
(i) may, upon the motion of the prosecutor and after allowing the person an opportunity to be heard on the motion, extend the release conditions described in Subsection (3)(d)(i) by no more than three court days; and
(ii) if the court grants the motion described in Subsection (4)(b)(i), shall order the arrested person to appear at a time scheduled before the end of the granted extension.
(5) Except as provided in Subsection (4) or otherwise ordered by a court, a jail release agreement or jail release court order expires at midnight after the arrested person’s initial scheduled court appearance described in Subsection (3)(d)(i).
(6)
(a) After an arrest for a qualifying offense , an alleged victim who is not a minor may waive in writing the release conditions described in Subsection (3)(d)(i)(A) or (C). Upon waiver, those release conditions do not apply to the arrested person.
(b) A court or magistrate may modify the release conditions described in Subsection (3)(d)(i), in writing or on the record, and only for good cause shown.
(7)
(a) When an arrested person is released in accordance with Subsection (3), the releasing agency shall:
(i) notify the arresting law enforcement agency of the release, conditions of release, and any available information concerning the location of the alleged victim;
(ii) make a reasonable effort to notify the alleged victim of the release; and
(iii) before releasing the arrested person, give the arrested person a copy of the jail release agreement or the jail release court order.
(b)
(i) When a person arrested for domestic violence is released pursuant to Subsection (3) based on a written jail release agreement, the releasing agency shall transmit that information to the statewide domestic violence network described in Section 78B-7-113.
(ii) When a person arrested for domestic violence is released pursuant to Subsections (3) through (5) based upon a jail release court order or if a written jail release agreement is modified pursuant to Subsection (6)(b), the court shall transmit that order to the statewide domestic violence network described in Section 78B-7-113.
(c) This Subsection (7) does not create or increase liability of a law enforcement officer or agency, and the good faith immunity provided by Section 77-36-8 is applicable.
(8)(a) If a law enforcement officer has probable cause to believe that a person has violated a jail release agreement or jail release court order, the officer shall, without a warrant, arrest the person.
(b) Any person who knowingly violates a jail release court order or jail release agreement executed pursuant to Subsection (3) is guilty as follows:
(i) if the original arrest was for a felony, an offense under this section is a third degree felony; or
(ii) if the original arrest was for a misdemeanor, an offense under this section is a class A misdemeanor.
(c) City attorneys may prosecute class A misdemeanor violations under this section.
(9) A person who is arrested for a qualifying offense that is a felony and released in accordance with this section may subsequently be held without bail if there is substantial evidence to support a new felony charge against the person.
(10) At the time an arrest is made for a qualifying offense , the arresting officer shall provide the alleged victim with written notice containing:
(a) the release conditions described in Subsections (3) through (5), and notice that the alleged perpetrator will not be released, before appearing before the court with jurisdiction over the offense for which the alleged perpetrator was arrested, unless:
(i) the alleged perpetrator enters into a written agreement to comply with the release conditions; or
(ii) the magistrate orders the release conditions;
(b) notification of the penalties for violation of any jail release agreement or jail release court order;
(c) notification that the alleged perpetrator is to personally appear in court on the next day the court is open for business after the day of the arrest;
(d) the address of the appropriate court in the district or county in which the alleged victim resides;
(e) the availability and effect of any waiver of the release conditions; and
(f) information regarding the availability of and procedures for obtaining civil and criminal protective orders with or without the assistance of an attorney.
(11) At the time an arrest is made for a qualifying offense , the arresting officer shall provide the alleged perpetrator with written notice containing:
(a) notification that the alleged perpetrator may not contact the alleged victim before being released;
(b) the release conditions described in Subsections (3) through (5) and notice that the alleged perpetrator will not be released, before appearing before the court with jurisdiction over the offense for which the alleged perpetrator was arrested, unless:
(i) the alleged perpetrator enters into a written agreement to comply with the release conditions; or
(ii) the magistrate orders the release conditions;
(c) notification of the penalties for violation of any jail release agreement or jail release court order; and
(d) notification that the alleged perpetrator is to personally appear in court on the next day the court is open for business after the day of the arrest.
(12)
(a) A pretrial or sentencing protective order supersedes a jail release agreement or jail release court order.
(b) If a court dismisses the charges for the qualifying offense that gave rise to a jail release agreement or jail release court order, the court shall dismiss the jail release agreement or jail release court order.
(13) In addition to the provisions of Subsections (3) through (12), because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it is the finding of the Legislature that domestic violence crimes, as defined in Section 77-36-1, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that the alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(14) The provisions of this section do not apply if the person arrested for the qualifying offense is a minor, unless the qualifying offense is domestic violence.
Renumbered and Amended by Chapter 289, 2017 General Session
Superseded 5/9/2017
77-20-4 Bail to be posted in cash, by credit or debit card, or by written undertaking
(1) Bail may be posted:
(a) in cash;
(b) by written undertaking with or without sureties at the discretion of the magistrate; or
(c) by credit or debit card, at the discretion of the judge or bail commissioner.
(2) Bail may not be accepted without receiving in writing at the time the bail is posted the current mailing address, telephone number, and email address of the surety.
(3) Bail posted by debit or credit card, less the fee charged by the financial institution, shall be tendered to the courts.
(4) Bail refunded by the court may be refunded by credit to the debit or credit card, or cash. The amount refunded shall be the full amount received by the court under Subsection (3), which may be less than the full amount of the bail set by the court.
(5) Before refunding bail that is posted by the defendant in cash, by credit card, or by debit card, the court may apply the amount posted toward accounts receivable, as defined in Section 76-3-201.1, that are owed by the defendant in the priority set forth in Section 77-38a-404.
Amended by Chapter 234, 2016 General Session
Effective 5/9/2017
77-20-4 Bail to be posted in cash, by credit or debit card, or by written undertaking.
(1) Bail may be posted:
(a) in cash;
(b) by written undertaking with or without sureties at the discretion of the magistrate; or
(c) by credit or debit card, at the discretion of the judge or bail commissioner.
(2) Bail may not be accepted without receiving in writing at the time the bail is posted the current mailing address, telephone number, and email address of the surety.
(3) Bail posted by debit or credit card, less the fee charged by the financial institution, shall be tendered to the courts.
(4) Bail refunded by the court may be refunded by credit to the debit or credit card, or cash. The amount refunded shall be the full amount received by the court under Subsection (3), which may be less than the full amount of the bail set by the court.
(5) Before refunding bail that is posted by the defendant in cash, by credit card, or by debit card, the court may apply the amount posted toward accounts receivable, as defined in Section
77-32a-101, that are owed by the defendant in the priority set forth in Section 77-38a-404.
Amended by Chapter 304, 2017 General Session
77-20-7 Duration of liability on undertaking — Notices to sureties — Exoneration if charges not filed.
(1)
(a) Except as provided in Subsection (1)(b), the principal and the sureties on the written undertaking are liable on the undertaking during all proceedings and for all court appearances required of the defendant up to and including the surrender of the defendant for sentencing,
irrespective of any contrary provision in the undertaking. Any failure of the defendant to appear when required is a breach of the conditions of the undertaking or bail and subjects it to forfeiture, regardless of whether or not notice of appearance was given to the sureties. Upon sentencing the bail bond shall be exonerated without motion.
(b) If the sentence includes a commitment to a jail or prison, the bail bond shall be exonerated when the defendant appears at the appropriate jail or prison, unless the judge does not require the defendant to begin the commitment within seven days, in which case the bail bond is exonerated upon sentencing.
(c) For purposes of this section, an order of the court accepting a plea in abeyance agreement and holding that plea in abeyance pursuant to Title 77, Chapter 2a, Pleas in Abeyance, is considered to be the same as a sentencing upon a guilty plea.
(d) Any suspended or deferred sentencing is not the responsibility of the surety and the bail bond is exonerated without any motion, upon acceptance of the court and the defendant of a plea in abeyance, probation, fine payments, post sentencing reviews, or any other deferred
sentencing reviews or any other deferred sentencing agreement.
(e) If a surety issues a bail bond after the sentencing, the surety is liable on the undertaking during all proceedings and for all court appearances required of the defendant up to and including the defendant’s appearance to commence serving the sentence imposed under
Subsection (1).
(2) If no information or indictment charging a person with an offense is filed in court within 120 days after the date of the bail undertaking or cash receipt, the court may relieve a person from conditions of release at the person’s request, and the bail bond or undertaking is exonerated without further order of the court unless the prosecutor requests an extension of time before the
end of the 120-day period by:
(a) filing a notice for extension with the court; and
(b) serving the notice for extension upon the sureties and the person or his attorney.
(3) A court may extend bail and conditions of release for good cause.
(4) Subsection (2) does not prohibit the filing of charges against a person at any time.
(5) If the court does not set on a calendar any hearings on a case within 18 months of the last court docket activity on a case, the undertaking of bail is exonerated without motion.
Amended by Chapter 234, 2016 General Session
77-20-8 Grounds for detaining or releasing defendant on conviction and prior to sentence.
(1) Upon conviction, by plea or trial, the court shall order that the convicted defendant who is waiting imposition or execution of sentence be detained, unless the court finds by clear and convincing evidence presented by the defendant that the defendant is not likely 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 the community if released.
(2) If the court finds the defendant does not need to be detained, the court shall order the release of the defendant on suitable conditions, which may include the conditions under Subsection 77-20-10(2).
Amended by Chapter 160, 1988 General Session
77-20-8.5 Sureties — Surrender of defendant — Arrest of defendant.
(1)
(a) Sureties may at any time prior to a defendant’s failure to appear surrender the defendant and obtain exoneration of bail, by notifying the clerk of the court in which the bail was posted of the defendant’s surrender and requesting exoneration. Notification shall be made
immediately following the surrender by surface mail, electronic mail, or fax.
(b) To effect surrender, a certified copy of the surety’s undertaking from the court in which it was posted or a copy of the bail agreement with the defendant shall be delivered to the on-duty jailer, who shall detain the defendant in the on-duty jailer’s custody as upon a commitment, and shall in writing acknowledge the surrender upon the copy of the undertaking or bail agreement. The certified copy of the undertaking or copy of the bail agreement upon which the acknowledgment of surrender is endorsed shall be filed with the court. The court may then, upon proper application, order the undertaking exonerated and may order a refund of any paid premium, or part of a premium, as it finds just.
(2) For the purpose of surrendering the defendant, the sureties may:
(a) arrest the defendant:
(i) at any time before the defendant is finally exonerated; and
(ii) at any place within the state; and
(b) surrender the defendant to any county jail booking facility in Utah.
(3) An arrest under this section is not a basis for exoneration of the bail bond under Section 77-20b-101.
(4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond Recovery Act.
Amended by Chapter 234, 2016 General Session
77-20-9 Disposition of forfeitures.
If by reason of the neglect of the defendant to appear, money deposited instead of bail or money paid by sureties on bail bond is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited or paid shall, immediately after final adjournment of the court, pay over the money forfeited as follows:
(1) the forfeited bail cases in or appealed from district courts shall be distributed as provided in Section 78A-5-110;
(2) the forfeited bail in cases in precinct justice courts or in municipal justice courts shall be distributed as provided in Sections 78A-7-120 and 78A-7-121;
(3) the forfeited bail in cases in justice courts where the offense is not triable in that court shall be paid into the General Fund; and
(4) the forfeited bail in cases not provided for in this section shall be paid 50% to the state treasurer and the remaining 50% to the county treasurer in the county in which the violation occurred or the forfeited bail is collected.
Amended by Chapter 234, 2016 General Session
77-20-10 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 is not likely 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 the community if
released.
(2) 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 conditions that result in the least restrictive condition or combination of conditions that the court determines will reasonably assure the appearance of the person as required and the safety of any other person and the community. The conditions may include that the defendant:
(a) post appropriate bail;
(b) execute a bail bond with a surety under Title 31A, Chapter 35, Bail Bond Act, 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 the defendant; and
(ii) post with the court indicia of ownership of the property or a percentage of the money as 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 the
defendant and who agrees to report any violation of a release condition to the court, if the designated person is reasonably able to assure the court that the defendant will appear as required and 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 testified against the defendant or potential witnesses who may testify concerning the offense if the appeal results in a reversal or an order for a new trial;
(j) report on a regular basis to a designated law enforcement agency, pretrial services agency, 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 as prescribed 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 specified institution if required for that purpose;
(o) return to custody for specified hours following release for employment, schooling, or other limited purposes;
(p) satisfy any other condition that is reasonably necessary to assure the appearance of the 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 involving violence against a child 17 years of age or younger, is limited or denied access to any location or occupation 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 that children congregate.
(3) The court may, in its discretion, amend an order granting release to impose additional or different conditions of release.
(4) If defendant has been found guilty of an offense in a court not of record and files a timely notice of appeal pursuant to Subsection 78A-7-118(1) 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.
(5) If a stay is ordered, the court may order post-conviction restrictions on the defendant’s conduct as appropriate, including:
(a) continuation of any pre trial restrictions or orders;
(b) sentencing protective orders under Section 77-36-5.1;
(c) drug and alcohol use;
(d) use of an ignition interlock; and
(e) posting appropriate bail.
(6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
(7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by the district court.
Amended by Chapter 234, 2016 General Session