(a) A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is released pursuant to § 40.85. If not stayed the court may recommend to the Director of Corrections that the defendant be retained at a place of confinement within the Territory for the period reasonably necessary to permit the defendant to assist in the preparation of any appeal. (b) If an appeal is taken, a sentence to pay a fine may be stayed by the court upon such terms as the court deems proper. The court may require the defendant pending appeal to deposit the whole or part of the fine in the registry of the 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 his assets. (c) An order placing the defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If the order is stayed the court shall fix the terms of the stay.
NOTE: Section 130.30 continues the substance of former Rule 38. Contrast former §§ 1243 to 1245 (execution of judgment stayed but defendant held in custody). See also Fed. R. Crim. P. 38 (substantively the same as § 130.30). See generally 8A Moore, Federal Practices &&38.01-38.02 (1974).