Rule 8.1 - Definitions and RequirementsWhenever the terms below appear in these Rules, they shall have the following meanings:
(a)Personal Recognizance. A release on defendant's "personal recognizance" means release without any condition relating to, or a deposit of, security.(b)Unsecured Appearance Bond. An "unsecured appearance bond" is an undertaking to pay a specified sum of money to the clerk of the circuit, county, justice, or municipal court, for the use of the State of Mississippi or the municipality, on the failure of a person released to comply with its conditions.(c)Secured Appearance Bond. A "secured appearance bond" is an appearance bond secured by deposit with the clerk of security equal to the full amount thereof.(d)Cash Deposit Bond. A "cash deposit bond" is an appearance bond secured by deposit with the clerk of security, in the form of a cash deposit or certified funds, in an amount set by the judge. The following requirements shall be met for a cash deposit bond: (1) The accused must never have been convicted in any court of this state, another state or a federal court, of a crime punishable by more than one (1) year's imprisonment, currently is not charged with or previously been convicted of escape, or had an order nisi entered on a previous bond;(2) The amount of the bond must be set by the proper authority;(3) A return date must be set by the proper authority;(4) The accused must tender to the clerk of the circuit court ten percent (10%) of the amount of the bond as set, in cash, or $250.00 in cash, whichever is greater;(5) The accused must sign an appearance bond guaranteeing his/her appearance and binding himself/herself unto the State of Mississippi in the full amount of the bond as set to be used in the case of default;(6) The accused, by affidavit duly notarized, must swear in substantially the following form: State of Mississippi
County of __________
Personally appeared before me, the undersigned authority in and for said county and state, __________ , who after being duly sworn states:
(a) I have never been convicted in any court of this state, another state, or a federal court of a crime punishable by more than one (1) year's imprisonment. I am not charged with escape and I have never been convicted of escape. I have had no order nisi entered on a bail bond executed by me.(b) The proper authority has set the sum of $ _______ as the amount of bail bond to be executed by me. This bond was set by __________ . (c) A return date has been set for this bond. Its return date is __________ and was set by __________ .(d) I have tendered to the clerk of the Circuit Court of __________ County, Mississippi, ten percent (10%) of the amount of said bond in cash, which sum is not less than $250.00. Said cash is my property. I authorize the clerk of said court to dispose of the same as follows: If the bond is forfeited, the cash tendered will be paid by the clerk, less a fee of not more than $10.00, to the county, and the amount so paid will be credited on the bond forfeited. If I appear on the return day and a final disposition is made of the case, the amount deposited with the clerk, less a fee of not more than $10.00 to be retained by the clerk, will be disposed of as ordered by the court. (e) I agree to report to the clerk of the court by telephone, or in person, and in writing on the first Monday of each month as to my current address and telephone number. If I fail to do so, I agree that the bond may be declared in default.(7) The amount of money tendered under this rule shall not be disbursed to any person except on written order of the court. The money deposited with the clerk shall be disbursed in the following manner: first, to pay any court costs assessed against the defendant; second, to pay any restitution the defendant has been ordered to make; third, to pay any fines imposed against the defendant; fourth, to pay any assignment of the sum made by the defendant to defendant's attorney; and fifth, any refund to the defendant or other disbursements as allowed by the court.(e)Security. "Security" is cash, certified funds, or a surety's undertaking deposited with the clerk to secure an appearance bond.(f)Surety. A "surety" is someone (other than the person seeking release) who executes an appearance bond and is therefore bound to pay its amount, if the person released fails to appear for any proceeding as ordered by the court. A surety, except one governed by Mississippi Code Section 83-39-1et. seq., shall file with the appearance bond an affidavit or sworn certification: (1) stating that the surety is not an attorney, judicial official, or person authorized to accept bail;(2) stating that the surety owns property in this state, which property, standing alone or when aggregated with that of other sureties, is worth the amount of the appearance bond (provided, that the property shall be exclusive of property exempt from execution and its value equaling the amount of the appearance bond shall be above and over all liabilities, including the amount of all other outstanding appearance bonds entered into by the surety) and specifying that property and the exemptions and liabilities thereon; and(3) specifying the number and amount of other outstanding appearance bonds entered into by the surety. Generally, an attorney, judicial official, or person authorized to accept bail (e.g., a sheriff) may not be a surety. However, an attorney, judicial official, or person authorized to accept bail may be a surety for a member of the surety's immediate family. For purposes of this Rule, the term "immediate family" shall be limited to include only: a spouse, a sibling, a spouse's sibling, a lineal ancestor or descendant, a lineal ancestor or descendant of a spouse, or a minor or incompetent person dependent upon the surety for more than one-half (1/2) of his/her support. In such cases, the attorney, judicial official, or person authorized to accept bail shall file with the appearance bond an affidavit stating the surety's position, the surety's relationship to the person seeking release, and the information required in Rule 8.1(f)(2) and (3).
(g)Bail. "Bail" is a monetary amount for or condition of pretrial release from custody, normally set by a judge at the initial appearance.(h)Insurer. The terms "insurer," "professional bail agent," "soliciting bail agent," "bail enforcement agent," and "personal surety agent" shall be defined as in Mississippi Code Section 83-39-1, et seq.(i)Compliance Required. All agents and insurers shall comply fully with Mississippi Code Sections 83-39-1, et seq., and 99-5-1, et seq., and all related statutes and regulations.Comment
Rule 8.1 provides definitions for use in Rule 8 and throughout these Rules, and replaces practice under former Rule 6.02 of the Uniform Rules of Circuit and County Court. The statutory provisions currently governing professional bail bond companies regulated by the Mississippi Commissioner of Insurance, as provided in Mississippi Code Section 83-39-1et seq., are unaffected by Rule 8. This Rule is intended to complement existing statutory provisions governing bail matters in the courts, as provided in Mississippi Code Section 99-5-1et seq. The forms required by Mississippi Code Sections 99-5-1 and 99-5-3 are unaffected.
A release on personal recognizance pursuant to section (a) is distinguishable from release conditioned on the posting of bond or other security.
Section (b) describes a type of bond not previously used in state court practice, but used extensively in federal criminal cases pursuant to 18 U.S.C. § 3142(b).
Sections (c) and (d) reflect current practice. See Miss. Code Ann. § 99-5-9. The form of a cash deposit bond previously prescribed by Rule 6.02 (C.) of the Uniform Rules of Circuit and County Court is retained.
Section (f) clarifies the procedure when a person is arrested and permitted to post an appearance bond secured by sureties who may own equity in real property.
Sections (h) and (i) make clear that the statutory requirements and procedures related to professional bond companies and their bail bonds continue in full force.