Senate Concurrent Resolution 510

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890 TO PROHIBIT PERSONS CHARGED WITH BAIL RESTRICTED OFFENSES FROM BEING CONSIDERED ELIGIBLE BY ANY JUDGE FOR RELEASE ON AN UNSECURED JUDICIAL RELEASE; TO STIPULATE THAT SUCH PERSONS CHARGED WITH BAIL RESTRICTED OFFENSES SHALL ONLY BE RELEASED THROUGH THE USE OF CERTAIN BONDS; TO STIPULATE THAT JUDGES OTHERWISE HAVE THE AUTHORITY, IN THEIR DISCRETION, TO RELEASE A PERSON ON AN UNSECURED JUDICIAL RELEASE; TO ALLOW THE LEGISLATURE TO ENACT LEGISLATION CONSISTENT WITH THIS AMENDMENT; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend the Mississippi Constitution of 1890 by creating a new section to read as follows:

Section 29A. (1) 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 surety bond.

(2) In addition to other laws regarding the release of an accused person, and except as provided in subsection (2) of this section, 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 sound discretion and in appropriate cases, to authorize the release of the person on an unsecured judicial release.

(3) The Mississippi legislature shall have power to enact legislation consistent with this amendment.

(4) For the purposes of this section, the term:

(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.

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2026, as provided by Section 273 of the Constitution and by general law. If ratified, this amendment shall take effect on January 1 of the year following ratification.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment prohibits judges from granting unsecured judicial release to a person charged with a bail restricted offense. A person charged with a bail restricted offense will only be eligible for release by use of secured monetary bond, property bond, or surety bond. However, judges are granted the authority to authorize the use of unsecured judicial release for a person charged with a non-bail restricted offense. This amendment also gives the Legislature authority to enact legislation consistent with this amendment."