Rule 38 Staying a Sentence
Rule Text
(a) [Reserved].
(b) Place of Confinement. The court may recommend to the Bureau of Corrections that the defendant be confined near the place of the trial or appeal for a period reasonably necessary to permit the defendant to assist in preparing the appeal.
(c) Fine. If the defendant appeals, the Superior Court or the Supreme Court of the Virgin Islands may stay a sentence to pay a fine or a fine and costs. The court may stay the sentence on any terms considered appropriate and may require the defendant to:
(1) deposit all or part of the fine and costs into the Superior Court’s registry pending appeal;
(2) post a bond to pay the fine and costs; or
(3) submit to an examination concerning the defendant’s assets and, if appropriate, order the defendant to refrain from dissipating assets.
(d) Probation. If the defendant appeals, the court may stay a sentence of probation. The court must set the terms of any stay.
(e) Restitution and Reparation.
(1) In General. If the defendant appeals, the court, or the Supreme Court of the Virgin Islands, may stay—on any terms considered appropriate— any sentence providing for restitution or reparation.
(2) Ensuring Compliance. The court may issue any order reasonably necessary to ensure compliance with a restitution or reparation order after disposition of an appeal, including:
(A) a restraining order;
(B) an injunction;
(C) an order requiring the defendant to deposit all or part of any monetary restitution or reparation into the court’s registry; or
(D) an order requiring the defendant to post a bond.
Effective December 1, 2017 (Promulgation Order 2017-010)