77-20-301. Grounds for detaining or releasing defendant on conviction and prior to sentence.
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/ut/title-77/chapter-20/77-20-301·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/3/2023
77-20-301. 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:
(a)is not likely to flee the jurisdiction of the court if released; and
(b)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, including conditions of release described in Subsection 77-20-205(5) .
Amended by Chapter 408 , 2023 General Session