State constitutional amendment proposed to require secured bond for bail-restricted crimes

• If the measure is passed by both chambers of the Legislature, voters could see the proposed amendment on the November General Election ballot.

A proposed state constitutional amendment was voted out of the House Constitution Committee this week. The legislation would mandate that judges require a secured bond for anyone charged with a felony, ending a practice the measure’s author sees as problematic.

HCR 16 would require a secured bond for offenses that include imprisonment of one or more years. The legislation requires that the accused person post a secured monetary bond, property bond, or surety bond.

The legislation would prohibit judges from releasing the accused on personal recognizance, unsecured appearance bond, or on conditions requiring entry into a pretrial release program, pretrial diversion program, or similar intervention program, the bill outlines.

“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 a secured monetary bond, property bond, or surety bond,” the bill reads.

State Rep. Price Wallace (R) said some Mississippi judges are releasing people charged with felonies without secure bonds, and then the person is not showing up for additional court appearances.

“This bill is just holding the person accountable,” Wallace said, adding that he decided to draft the bill after talking to a prosecutor.

Wallace said he believes the bill has support in the House. He hopes Speaker Jason White (R) will schedule floor action for the measure next week.

If the constitutional amendment is passed by both chambers of the Legislature, it would be sent to the Secretary of State who is to then have it placed on the November General Election ballot for Mississippi voters to consider.