Senate Bill 2112

AN ACT TO PROVIDE THAT NO PERSON CHARGED WITH A BAIL RESTRICTED OFFENSE SHALL BE ELIGIBLE FOR RELEASE BY ANY JUDGE ON AN UNSECURED JUDICIAL RELEASE; TO PROVIDE THAT A PERSON CHARGED WITH A BAIL RESTRICTED OFFENSE SHALL ONLY BE ELIGIBLE FOR RELEASE THROUGH THE USE OF SECURED MONETARY BOND, PROPERTY BOND, OR SURETY BOND; TO DEFINE TERMS; TO RECOGNIZE JUDICIAL AUTHORITY TO AUTHORIZE THE RELEASE OF THE PERSON ON AN UNSECURED JUDICIAL RELEASE IN THE DISCRETION OF THE JUDGE IN CASES WHERE SUCH RELEASE IS APPROPRIATE FOR OFFENSES OTHER THAN BAIL RESTRICTED OFFENSES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, the following terms have the meanings herein ascribed unless the context clearly requires otherwise:

(a) "Bail restricted offense" means any offense for which the punishment may include imprisonment in excess of one (1) year.

(b) "Unsecured judicial release" means any release that does not require the posting of a monetary bond, property, or other security, including but not limited to:

(i) Release on a person's own recognizance;

(ii) Release on an unsecured appearance bond; or

(iii) Release conditioned upon entering a pretrial release program, pretrial diversion program, or similar intervention program, where no monetary bond, property, or other security is required.

(2) No person charged with a bail restricted offense shall be eligible for release by any judge on an unsecured judicial release. A person charged with a bail restricted offense shall only be eligible for release through the use of secured monetary bond, property bond, or surety bond.

(3) Except as provided in subsection (2) of this section and subject to any other law governing the release of an accused person, a judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority to authorize the release of the person on an unsecured judicial release in the discretion of the judge in cases where such release is appropriate.

SECTION 2. This act shall take effect and be in force from and after January 1, 2027.