M.R.U. Crim. P. 38

(a) Sentence Involving Imprisonment, Probation, Supervised

Release, or Administrative Release. Any portion of a sentence involving

imprisonment, probation, supervised release, or administrative release shall be

stayed if an appeal is taken and the defendant is admitted to bail pending

appeal. A court may not under any circumstances place the defendant in

execution of a probationary period, period of supervised release, or period of

administrative release while on bail pending appeal.

(b) Sentence Involving Alternatives Other than Imprisonment,

Probation, Supervised Release, or Administrative Release. Any portion of

a sentence involving a sentence alternative other than imprisonment,

probation, supervised release, or administrative release shall be stayed by the

court upon request of the defendant if an appeal is taken and if the defendant is

admitted to bail pending appeal. If the defendant takes an appeal and does

not or cannot seek bail pending appeal or is unable to meet the bail that is set,

the court upon request of the defendant may stay any portion of a sentence

involving money and may stay any other sentence alternative on any terms

considered appropriate. If the judgment is vacated and the stayed sentence

alternative involves money, the clerk of the Unified Criminal Docket shall

forthwith refund to the defendant, or to such person as the defendant shall

direct, any funds deposited to cover the defendant’s money alternative. If the

judgment is affirmed, the funds so deposited shall be applied by the clerk in

payment of the money alternative. The clerk shall forthwith notify the

defendant that such application has been made and, when applicable, the

money alternative paid in full.

(c) Automatic Termination of Stay. If a judgment is affirmed on

appeal, a court ordered stay under subdivision (a) or (b) automatically

terminates when the mandate of the Law Court is entered in the Unified

Criminal Docket of the trial court.

(d) Surrender of Defendant Following Automatic Termination of

Stay. When a stay of a sentence of imprisonment automatically terminates

pursuant to subdivision (c), the clerk of the Unified Criminal Docket shall

forthwith mail a date-stamped copy of the mandate to the parties and to the

sheriff named in the commitment order. Within 3 days after that mailing,

excluding Saturdays, Sundays, and legal holidays, the defendant’s appellate

counsel or, if not represented by counsel on appeal, the defendant shall contact

the office of the sheriff named in the commitment order and make

arrangements satisfactory to the sheriff for surrendering into that sheriff’s

custody that day or, at the direction of the sheriff, the next regular business day.

If such arrangements are not timely made, or if the arrangements are not

complied with, upon the request of the named sheriff or the attorney for the

State, or by direction of the court, the clerk shall issue a warrant for the

defendant’s arrest. Upon issuance of that warrant and necessary notice by the

clerk to the court of that fact, the court, in conformity with Rule 46(g)(1), shall

declare a forfeiture of the post-conviction bail because of the breach of

condition.