(1) After considering the factors set forth in section 16-4-202, the court may enter one of the following orders:
(a) Deny the defendant appeal bond; or
(b) Repealed by Laws 1982, H.B.1162, § 2, eff. March 17, 1982.
(c) Grant the defendant appeal bond.
(2) If the court determines that an appeal bond should be granted, the court shall
set the amount of bail and order either:
(a) An appeal bond in the amount of the bail to be executed and secured by depositing
cash or property as provided by statute or by an approved surety or sureties; or
(b) An appeal bond in the amount of the bail to be executed on the personal recognizance
of the defendant.
(2.5) If the court determines that an appeal bond should be granted, the court shall
provide as an explicit condition of the appeal bond that the defendant not harass,
molest, intimidate, retaliate against, or tamper with the victim of or any prosecution
witnesses to the crime, unless the court makes written findings that such condition
is not necessary.
(3) In addition to the above, the court may:
(a) Place the defendant in the custody of the probation department or a designated
person who agrees to supervise him;
(b) Place restrictions on the travel, activities, associations, or place of abode
of the defendant during the pendency of the appeal;
(c) Impose any other condition deemed necessary to assure defendant's appearance as
(4) Upon written motion of the state or the defendant, the sentencing court may increase
or reduce the amount of appeal bond, alter the security for or conditions of the appeal
bond, or revoke the appeal bond. Notice of hearing on the motion shall be given in the manner provided in section 16-4-107.
(5) If the defendant has been charged with committing another felony, level 1 drug
misdemeanor, or class 1 misdemeanor while he or she is at liberty on an appeal bond,
and probable cause has been found with respect to such other felony, level 1 drug
misdemeanor, or class 1 misdemeanor or the defendant has waived his or her right to
a probable cause determination as to the felony, level 1 drug misdemeanor, or class
1 misdemeanor, the court shall revoke his or her appeal bond on motion of the attorney
general or district attorney.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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