Miss. R. Crim. P. 8.2

As amended through March 21, 2024

Rule 8.2 - Right to Pretrial Release on Personal Recognizance or on Bond

(a)Right to Release. Any defendant charged with an offense bailable as a matter of right shall be released pending or during trial on the defendant's personal recognizance or on an appearance bond unless the court before which the charge is filed or pending determines that such a release will not reasonably assure the defendant's appearance as required, or that the defendant's being at large will pose a real and present danger to others or to the public at large. If such a determination is made, the court shall impose the least onerous condition(s) contained in Rule 8.4 that will reasonably assure the defendant's appearance or that will eliminate or minimize the risk of harm to others or to the public at large. In making such a determination, the court shall take into account the following:

(1) the age, background and family ties, relationships and circumstances of the defendant;

(2) the defendant's reputation, character, and health;

(3) the defendant's prior criminal record, including prior releases on recognizance or on unsecured or secured appearance bonds, and other pending cases;

(4) the identity of responsible members of the community who will vouch for the defendant's reliability;

(5) violence or lack of violence in the alleged commission of the offense;

(6) the nature of the offense charged, the apparent probability of conviction, and the likely sentence, insofar as these factors are relevant to the risk of nonappearance;

(7) the type of weapon used (e.g., knife, pistol, shotgun, sawed-off shotgun, assault or automatic weapon, explosive device, etc.);

(8) threats made against victims or witnesses;

(9) the value of property taken during the alleged commission of the offense;

(10) whether the property allegedly taken was recovered or not, and damage or lack of damage to the property allegedly taken;

(11) residence of the defendant, including consideration of real property ownership, and length of residence in the defendant's domicile;

(12) in cases where the defendant is charged with a drug offense, evidence of selling or distribution activity that should indicate a substantial increase in the amount of bond;

(13) consideration of the defendant's employment status and history, the location of defendant's employment (e.g., whether employed in the county where the alleged offense occurred), and the defendant's financial condition;

(14) sentence enhancements, if any, included in the charging document; and

(15) any other fact or circumstance bearing on the risk of nonappearance or on the danger to others or to the public.

(b) Specific statutory limits apply. When a statute limits a judge's bail authority, such statutory limits shall apply to the extent any of the amounts listed in section (c) are in conflict therewith.

(c) Bond Guidelines. The following is established as a general guide for circuit, county, justice, and municipal courts in setting bail for persons charged with bailable offenses. Except in situations where release is required in the minimum scheduled amount pursuant to Rule 5.1(b) or (c), or any other Rule, courts may and should exercise discretion in setting bail above or below the scheduled amounts, as supported by consideration of the factors listed in Rule 8.2(a).

SECURED OR UNSECURED APPEARANCE BOND GUIDELINES

Recommended Range

FELONIES:
Capital felony	$25,000 to No Bail Allowed
Manslaughter (or any other
non-capital crime involving
loss of human life)	$10,000 to $1,000,000
Drug Distribution and Trafficking	$ 5,000 to $1,000,000
All other non-capital felonies
- punishable by maximum 20 years or more	$20,000 to $250,000
- punishable by maximum 10 years to 20 years	$10,000 to $100,000
- punishable by maximum up to 10 years	$ 5,000 to $50,000
MISDEMEANORS (not included elsewhere in the schedule):
- punishable by maximum 1 year	$500 to $2,000
- punishable by maximum 6 mos.	$250 to $1,000
- punishable by less than 6 mos.	$100 to $500
- punishable by fine only	$50 to Max. Fine/Costs*
Misdemeanor DUI and DWLS	$500 to $2,000
Municipal Ordinance Violations	$100 to $1,000

*Maximum amount of fine(s), court costs, and statutory assessments which might be due upon conviction.

Miss. R. Crim. P. 8.2

Adopted eff. 7/1/2017.

Comment

Rule 8.2 embodies the guarantee against excessive bail provided by article 3, section 29, of the Mississippi Constitution, within the limitations stated therein. Rule 8.2 is based on the presumption of innocence of the accused, the constitutional right of a defendant charged with a noncapital offense to be released on bail, and the policy that a defendant should be released pending trial whenever possible. Under section (a), a defendant charged with an offense that is bailable as a matter of right is eligible for a personal recognizance release unless the judge determines that the defendant's presence would not be reasonably assured or that the defendant poses a real and present danger of harm to others. See United States v. Salerno, 481 U.S. 739, 107 S. Ct. 2095, 95 L. Ed. 2d 697 (1986) (upholding the constitutionality of pretrial detention based on dangerousness). Section (a) makes it possible to release on bail indigent defendants on non-financial conditions that make it reasonably likely that the defendant will appear. See Bandy v. United States, 81 S. Ct. 197, 5 L. Ed. 2d 218 (1960) (questioning constitutionality of holding indigent defendant in custody for no reason other than the inability to raise money for bail).

Sections (a)(1) - (15) provide detailed guidance for the judge setting bond as to the range of inquiries that should be made prior to setting the conditions on, or the amount of, any personal recognizance or appearance bond. While no prior rule or statute required the inquiry described in section (a), such an inquiry has always been within the sound discretion and inherent power of a court setting terms of release. See Lee v. Lawson, 375 So. 2d 1019, 1024 (Miss. 1979) (suggesting similar inquiry). Section (a) is intended to provide a helpful, non-exhaustive list for any court making such an inquiry, and is written to ensure that a judge not give inordinate weight to the nature of the present charge.

Section (b) provides that, in the event of a conflict with the amounts listed in (c), statutory limits on a judge's bail authority will control. See, e.g., Miss. Code Ann. § 99-5-37 (defendant charged with certain domestic violence offenses).

While section (c) makes clear that the judge retains discretion to set any amount of bail above or below the suggested range, the bond guidelines set forth in section (c) should help reduce the disparities between courts who previously set bail without the guidance of a scheduled range. "Capital felony" is defined in Mississippi Code Section 1-3-4.