Senate Bill 2087

AN ACT TO ENACT THE MISSISSIPPI MANDATORY BOND REVIEW LAW; TO REQUIRE THAT THE SENIOR CIRCUIT COURT JUDGE IN EACH CIRCUIT COURT DISTRICT, IN CONJUNCTION WITH THE DISTRICT ATTORNEY, ENSURE THAT CERTAIN PROCEDURES ARE IMPLEMENTED FOR ALL INDIVIDUALS HELD WITHIN PRETRIAL DETENTION IN MISSISSIPPI; TO REQUIRE THAT CERTAIN FACTORS ARE CONSIDERED IN DETERMINING BOND; TO REQUIRE NOTIFICATION OF EACH INDIVIDUAL'S DEFENSE COUNSEL; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This section shall be known and may be cited as the "Mississippi Mandatory Bond Review Law."

(2) In addition to the procedures of Rule 8 of the Mississippi Rules of Criminal Procedure, the senior circuit court judge in each circuit court district, in conjunction with the district attorney, shall ensure that the following procedures are implements for all individuals held within pretrial detention in Mississippi:

(a) An initial bond determination shall occur within seventy-two (72) hours of arrest.

(b) A bond review hearing shall be held within fourteen (14) days of detention for any individual who remains incarcerated.

(c) Periodic bond reviews shall occur for incarcerated persons within every forty-five (45) days after the bond review required under paragraph (b).

(3) In determining bond, the court shall consider the factors set forth in Rule 8.2 of the Mississippi Rules of Criminal Procedure. There shall be a presumption of release on recognizance or bond unless specific findings support continued detention.

(4) For bond reviews required under subsection (1) of this section, defense counsel shall be notified and may participate in all reviews. Written findings shall be entered into the record when bond is denied or, at a review hearing, the amount of bond is not reduced.

SECTION 2. This act shall take effect and be in force from and after its passage.