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
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Last revised: Thursday, May 28, 2009