1. When a defendant isawaiting sentencing after conviction for a felony or is pursuing an appeal in such a case following sentencing, and the defendant would otherwise be eligible to be admitted to bail under this chapter, but itappears by clear and convincing evidence that ifreleased the defendant is likely to pose a danger to another person or to the property of others, the defendant may be detained under the authority of this section and in the manner provided in subsection 2. 2. The following procedures shall apply to a detention hearing: a. The prosecuting attorney may initiate a detention hearing by a verified ex parte written motion. Upon such motion, the district court may issue a warrant for the immediate arrest of the defendant, ifthe defendant is not in custody. b. The defendant shall be brought before the district court within twenty-four hours after arrest, or ifthedefendant isin custody, the defendant shallbe broughtbefore thedistrict court within twenty-four hours of the prosecuting attorney’s filing of the motion. The detention hearing shall be held within seventy-two hours of the defendant’s arrest, or if the defendant isin custody, the detention hearing shall be held within seventy-two hours of the filing of the motion. c. The defendant shall be entitled to representation by counsel, including appointed counsel ifindigent, and shall be entitled to the right of cross-examination and to present information, to testify, and to present witnesses in the defendant’s own behalf, but shall not be entitled to being admitted to bail. d. Testimony ofthedefendantgivenduring the hearing shall not be admissible on the issue of guilt in any other judicial proceeding, except that such testimony shall be admissible in proceedings under section 811.2, subsection 8, and section 811.8, and in perjury proceedings. e. Appeals from orders of detention may be taken in the manner provided under section 811.2, subsection 7. f. Ifthe trialcourt issues an orderof detention, theorder shall be accompanied by awritten finding of fact and the reasons for the detention order. g. For the purposes of such proceedings, the trialcourt is not divested of jurisdiction by the filing of a notice of appeal.
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