1. Applicable Statutes

Mississippi Code Title 83. Insurance. Chapter 39: Bail Bonds

Mississippi Code Title 99. Criminal Procedure. Chapter 5: Bail.

2. Licensing Requirements

"Professional bail agent" means any individual who shall furnish bail, acting as a licensed personal surety agent or as a licensed limited surety agent representing an insurer.

Bail agents must comply with the following for licensure: [Miss. Code Ann. § 83-39-3]

• Be at least 21 years of age;
• Be a resident of Mississippi for at least one year at the time of application, unless already licensed;
• Pay a $50 license fee;
• Never have been convicted of a felony or any crime involving moral turpitude;
• Complete eight hours of prelicensing education approved by the Department of Insurance and the Professional Bail Agents Association of Mississippi;
• Complete eight hours of continuing education approved by the Department of Insurance and the Professional Bail Agents Association of Mississippi
• Submit annual reports to the Department of Insurance

The regulatory body is the Department of Insurance.

3. Notice of Forfeiture

If the defendant fails to appear, the court will issue a bench warrant for the defendant and declare the bail forfeited. The clerk of the court shall notify the surety of the forfeiture by writ of scire facias, with a copy of the judgment and bench warrant attached thereto, within ten (10) working days of such order either by personal service or by certified mail. Failure of the clerk to provide the required notice within ten (10) working days shall constitute prima facie evidence that the order should be set aside. [ Miss. Code Ann. § 99-5-25]

4. Forfeiture to Judgment

The judgment shall be returnable for ninety (90) days from the date of issuance. If during such period the defendant appears before the court, or is arrested and surrendered, then the judgment nisi shall be set aside. If the surety fails to produce the defendant and does not provide to the court reasonable mitigating circumstances upon such showing, then the forfeiture shall be made final with a copy of the final judgment to be served on the surety. [ Miss. Code Ann. § 99-5-25]

5. Forfeiture Defenses

Reasonable mitigating circumstances shall be that the defendant:

• Is incarcerated in another jurisdiction;
• Is hospitalized under a doctor's care;
• Is in a recognized drug rehabilitation program;
• Has been placed in a witness protection program and it shall be the duty of any such agency placing such defendant into a witness protection program to notify the court and the court to notify the surety;

Or any other reason justifiable to the court. [ Miss. Code Ann. § 99-5-25]

6. Remission

If within twelve (12) months of the date of the final forfeiture the defendant appears for court, is arrested or surrendered to the court, or if the defendant is found to be incarcerated in another jurisdiction and a hold order placed on the defendant, then the amount of bail, less reasonable extradition cost, excluding attorney fees, shall be refunded by the court upon application by the surety. [ Miss. Code Ann. § 99-5-25]

7. Bail Agent's Arrest Authority

Bail, or its agent, at any time, may arrest its principal anywhere or authorize another to do so for the purpose of surrender of the principal on 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 by bail or its agent shall relieve bail of any liability on principal's bond, and the bond shall be held for naught.

[ Miss. Code Ann. § 99-5-27]

8. Other Noteworthy Provisions

The revocation of the license of the professional bail agent shall also serve to revoke the license of each soliciting bail agent and bail enforcement agent employed or used by such professional bail agent. [ Miss. Code. Ann. § 83-39-7]

9. Noteworthy Appellate Decisions

Autry v. State, 698 So.2d 84 ( Miss. 1997)

Bail bondsman filed motion for relief from judgment of forfeited appearance bond when principal was captured. The Circuit Court overruled the motion. Bondsman appealed. The Supreme Court held that: (1) bail bondsman's inaction and payment of forfeited appearance bond waived any alleged defect from service of process on person allegedly not authorized to act as bail bondsman's agent for service of process; (2) statute requiring return of principal within 12 months in order for bail bondsman to recover forfeited appearance bond is rationally related to legitimate government interest; and (3) application of statute requiring return of principal within 12 months in order for bail bondsman to recover forfeited appearance bond did not violate any constitutional rights of bail bondsman. Affirmed.

Sides v. State, 519 So.2d 1222 ( Miss. 1988)

Sureties on bail bond petitioned for a stay of forfeiture proceedings and the circuit court denied the motion. The Supreme Court affirmed, holding that while the statute provides for refund of forfeited bond when defendant is returned within 12 months of the judgment, the statute does not allow for a stay of proceedings and remission when the final judgment of forfeiture remained unpaid.

Brown v. State , 344 So.2d 1192 ( Miss. 1977).

Where defendant was either apprehended by or returned to sheriff within 12 months of date of final judgment on forfeiture of bail bond, bondsman was entitled to a refund of that bond, but in order to determine amount to be remitted, it was necessary that a determination be made of expenses incurred by county in apprehending defendant and amount of unpaid court costs.

Allied Fidelity Ins. Co. v. State, 384 So.2d 860 ( Miss. 1980).

Where court had entered final judgment of forfeiture of bail bond from which no appeal was taken, judgment could not be amended or set aside so as to grant corporation engaged professionally in writing bail bonds an additional 30 days to produce and deliver parties for whom corporation had made bail and attempted extensions of time, made on authority of circuit court and approval by district attorney, were invalid.

10. Bounty Hunter Provisions

• "Bail enforcement agent" means a person who assists the professional bail agent in presenting the defendant in court when required, or who assists in the apprehension and surrender of the defendant to the court or who keeps the defendant under necessary surveillance.
• A bail enforcement agent shall operate only under the professional bail agent's name.
• Bail enforcement agents must be licensed according to the provisions for professional bail agents above.