(a) Death. – A sentence of death shall be stayed pending automatic review in accordance with Supreme Court Rule 35(a) and the sentencing judge shall comply with Supreme Court Rule 35(b).(b) Imprisonment. – A sentence of imprisonment shall be stayed if an appeal is taken from the conviction or sentence and the defendant is released pending disposition of the appeal pursuant to Supreme Court Rule 32.(c) Fine. – A sentence to pay a fine or a fine and costs, or any payment pursuant to 11 Del. C., c. 90, if an appeal is taken, may be stayed 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 with the prothonotary, 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 such defendant’s assets.(d) Partial confinement; probation. – A sentence of partial confinement or probation may be stayed if an appeal from the conviction or sentence is taken. If the sentence is stayed, the court shall fix the terms of the stay.(e) Criminal forfeiture; restitution. – A judgment of criminal forfeiture entered pursuant to Rule 40 or an order of restitution imposed as part of the sentence pursuant to 11 Del. C. ยง 4204(c) (9) may, if an appeal of the conviction or sentence is taken, be stayed by the court upon such terms as the court finds appropriate. The court may issue such orders as may be reasonably necessary to ensure compliance upon disposition of the appeal, including entry of an order requiring a deposit in whole or in part of the monetary amount involved with the prothonotary or execution of a performance bond.(f) Disabilities. – A civil or employment disability arising under a statute by reason of the defendant’s conviction or sentence, may, if an appeal is taken, be stayed by the court upon such terms as the court finds appropriate. The court may take any other action that may be reasonably necessary to protect the interest represented by the disability pending disposition of the appeal.
