Senate Bill 2319

AN ACT TO DEFINE TERMS; TO PROHIBIT JUDGES FROM CONSIDERING PERSONS CHARGED WITH BAIL-RESTRICTED OFFENSES ELIGIBLE FOR RELEASE ON AN UNSECURED JUDICIAL RELEASE; TO STIPULATE THAT SUCH PERSONS SHALL ONLY BE ELIGIBLE FOR RELEASE THROUGH THE USE OF SECURED MONETARY BOND, PROPERTY BOND, OR PROFESSIONAL SURETY BOND; TO GRANT JUDICIAL AUTHORITY TO RELEASE OTHER PERSONS CHARGED WITH NONBAIL-RESTRICTED OFFENSES ON AN UNSECURED JUDICIAL RELEASE AT THE JUDGE'S DISCRETION; TO LIMIT THE NUMBER OF CASH BONDS POSTED PER YEAR; TO REQUIRE PERSONS AND ENTITIES PURPORTING TO BE A CHARITABLE BAIL FUND TO SUBMIT THE SAME REQUIREMENTS AS ANY PROFESSIONAL SURETY COMPANY; TO GRANT THE ATTORNEY GENERAL AND DISTRICT ATTORNEYS CONCURRENT AUTHORITY TO PROSECUTE VIOLATIONS ON MISDEMEANOR CHARGES; TO PROHIBIT REPEAT OFFENDERS FROM BECOMING ELIGIBLE FOR RELEASE ON AN UNSECURED JUDICIAL RELEASE; 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 words shall have the meanings ascribed herein unless 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 and that is:

(i) On a person's own recognizance; or

(ii) For the purpose of entering a pretrial release program, pretrial diversion program, or similar intervention program.

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

(3) Except as provided in subsection (2) of this section, and in addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority, in his or her sound discretion and in appropriate cases, to authorize the release of the person on an unsecured judicial release unless such person is charged with a bail-restricted offense.

SECTION 2. (1) No more than three (3) cash bonds may be posted per year by any individual, corporation, organization, charity, nonprofit corporation or group in any jurisdiction within the State of Mississippi.

(2) Every individual, corporation, organization, charity, nonprofit corporation or group that purports to be a charitable bail fund with the purpose of soliciting donations to use for securing the release of accused persons shall be required to submit to the same requirements as any professional surety company, including registration, licensing and regulatory oversight as established by law.

(3) The Attorney General and district attorneys shall have concurrent authority to prosecute any violation of this section.

(4) Any person or entity who violates any part of this section shall be guilty of a misdemeanor.

SECTION 3. Notwithstanding any other laws regarding the release of an accused person, no person sentenced as a repeat offender pursuant to Sections 99-19-81, 99-19-83, or any other provision of law regarding repeat offender enhancement shall be eligible for release by any judge on an unsecured judicial release. If such person is released, such release shall only be through the use of secured monetary bond, property bond, or professional surety bond.

SECTION 4. This act shall take effect and be in force from and after July 1 in the year following the year in which the Secretary of State certifies the passage of the constitutional amendment proposed in "Senate Concurrent Resolution No.__," 2026 Regular Session.