Senate Bill 2178

AN ACT TO AMEND SECTION 99-5-27, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A BAIL AGENT TO ENGAGE AN EXTRADITION SERVICE TO RETURN THE PRINCIPAL; TO AUTHORIZE THE ENGAGEMENT OF LAW ENFORCEMENT OFFICERS IN CERTAIN JURISDICTIONS; TO PROVIDE THAT, EXCEPT IN EXTRAORDINARY CASES, THE COST OF EXTRADITION SHALL BE AGREED UPON AND PAID BEFORE THE EXTRADITION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-5-27, Mississippi Code of 1972, is amended as follows:

99-5-27. (1) (a) "Surrender" means the delivery of the defendant, principal on bond, physically to the sheriff or chief of police or in his absence, his jailer, and it is the duty of the sheriff or chief of police, or his jailer, to accept the surrender of the principal when presented and such act is complete upon the execution of verbal or written surrender notice presented by a bail agent and shall relieve the bail agent of liability on the principal's bond.

(b) A bail agent may surrender the principal if the principal is found to be detained on another charge. If the principal is found incarcerated in another jurisdiction, the bail agent may surrender him by verbal or written notice of surrender to the sheriff or chief of police, or his jailer, of that jurisdiction and the notice of surrender shall act as a "Hold Order" and upon presentation of written surrender notice to the court of proper jurisdiction, the court shall order a "Hold Order" placed on the principal for the court and shall relieve the bail agent of liability on the principal's bond, with the provision that, upon release from incarceration in the other jurisdiction, return of the principal to the sheriff shall be the responsibility of the bail agent. The bail agent shall satisfy the responsibility to return a principal held by a "Hold Order" in another jurisdiction upon release from the other jurisdiction either by personally returning the principal to the sheriff * * * or the bail agent shall engage an extradition service to return the principal. Where the other jurisdiction will not release the principal to any person other than a law enforcement officer, the bail agent may engage the services of any available law enforcement agency or shall request that the county use its law enforcement officers.

(c) Except in extraordinary circumstances, the cost of extradition shall be agreed upon and paid before the extradition takes place. If the extradition cost exceeds the appearance bond amount, the bail agent may request the "Hold Order" be set aside and remit the full amount of the appearance bond to the court on the date of final judgement. The bail agent is not responsible for extradition cost if a verbal or written notice of surrender was not submitted by the bail agent to the court of proper jurisdiction.

(d) The surrender of the principal by the bail agent, within the time period provided in Section 99-5-25, shall serve to discharge the bail agent's liability to the State of Mississippi and any of its courts; but if this is done after forfeiture of the bond or recognizance, the court shall set aside the judgment nisi or final judgment upon filing of surrender notice by the bail agent.

(2) (a) A bail agent, at any time, may surrender the principal to any law enforcement agency or in open court in discharge of the bail agent's liability on the principal's bond if the law enforcement agency that was involved in setting the original bond approves of such surrender, to the State of Mississippi and any of its courts and at any time may arrest and transport its principal anywhere or may authorize another to do so, may be assisted by any law enforcement agency or its agents anywhere upon request of bail and may receive any information available to law enforcement or the courts pertaining to the principal for the purpose of safe surrender or for any reasonable cause in order to safely return the principal to the custody of law enforcement and the court.

(b) A bail agent, at any time, may arrest its principal anywhere or authorize another to do so for the purpose of surrender of the principal on a bail bond. Failure of the sheriff or chief of police or his jailer, any law enforcement agency or its agents or the court to accept surrender of a principal by a bail agent shall relieve the bail agent of any liability on the principal's bond, and the bond shall be void.

(3) A bail agent, at any time, upon request by the defendant or others on behalf of the defendant, may privately interview the defendant to obtain information to help with surrender before posting any bail bond on behalf of the defendant. All licensed bail agents shall have equal access to jails or detention facilities for the purpose of such interviews, the posting of bail bonds and the surrender of the principal.

(4) Upon surrender, the court, after full review of the defendant and the pending charges, in open court, may discharge the prisoner on his giving new bail, but if he does not give new bail, he shall be detained in jail.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.