Rule 206 - Stay of Execution And Release Pending Appeal in Criminal Cases(a) Stay of Execution.(1) Imprisonment. A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is released pending appeal.(2) Fine. A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by the trial court or by the appellate court upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or any part of the fine and costs in the registry of the trial court or to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating assets.(3) Probation. An order placing the defendant on probation shall be stayed if an appeal is taken and the defendant received a suspended imposition of sentence or was sentenced to a composite term of imprisonment that is suspended in its entirety. The defendant may move the sentencing court to commence probation immediately. If the defendant's motion is granted, the sentencing court shall issue an order specifying when the defendant's probation will commence.(4) Other Sentence. Other terms or conditions of a sentence, including but not limited to the revocation or suspension of a license, may be stayed by the trial court pending appeal upon such terms as the court deems proper. If the trial court does not grant the relief requested, the appellant may renew the motion in the appellate court.(b) Release Pending Appeal. When an appeal on the merits is pending, an appeal under AS 12.30.030 from an order refusing bail pending appeal or imposing conditions of release pending appeal shall be in the form of a motion filed in the merit appeal. The motion must be filed with the clerk of the appellate courts within 30 days after the date of the notice of the order from which review is sought. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c). The motion shall comply with Rule 503, and shall contain specific factual information relevant to the factors set forth in AS 12.30.011(c), including but not limited to the following: (1) The full name of the appellant; the trial court case number; the offenses of which the appellant was convicted, if applicable; the date of sentencing; and the complete terms of the sentence;(2) That application for release pending appeal has been made to the trial court, the reasons given by the trial court for denying the application in whole or in part, and facts and reasons demonstrating why the action of the trial court on the application was erroneous or an abuse of discretion;(3) A concise statement of the question or questions to be raised on the appeal with a showing that the question or questions were raised in the trial court;(4) Family: marital status; length of marriage; children, and their ages; other relatives in the area of residence;(5) Employment and financial circumstances: name of employer at time of arrest and during pre-trial release; type of work; how long so employed; any offer or promise of employment if released pending appeal; assets of the appellant or of relatives or friends relevant to the ability to post money bail;(6) Health: history of mental illness, alcoholism, or addiction to drugs, if any;(7) Residence: length of residence in the city or town in which the appellant resided at the time of arrest;(8) Criminal history: criminal convictions within ten years prior to the present arrest; if the appellant has ever forfeited bail, or had release, probation, or parole revoked, the date, the name and location of the court, and a brief description of the circumstances; whether the present offense was committed while the appellant was on bail or other release or on probation or parole; any other criminal charges pending against the appellant at the time the motion is filed.(c) The decision of the court of appeals on any application under this rule is a "final decision" within the meaning of Rule 302, governing when petitions for hearing are permitted. The decision of the court of appeals concerning release pending appeal takes effect on the day it is issued, notwithstanding the filing of a petition for hearing in the supreme court.SCO 439 effective 11/15/1980; amended by SCO 554 effective 4/4/1983; SCO 1153 effective 7/15/1994; by SCO 1507 effective 4/15/2004; by SCO 1668 effective 4/15/2008; and by SCO 1732 effective nunc pro tunc to7/1/2010; and by SCO 1777 effective 10/15/2013; amended by SCO 1973 effective 4/15/2022. Chapter 19, section 28, SLA 2010 (HB 324 ), effective July 1, 2010, amended Appellate Rule 206(b) relating to release before trial, before sentence, and pending appeal, as reflected in section 3 of this Order. The changes to Appellate Rule 206 are adopted for the sole reason that the legislature has mandated the amendments.