If a Mississippi defendant out on bond gets locked up in another state, does Mississippi treat that out-of-state custody as 'another jurisdiction' for bail-bond surrender purposes?
Plain-English summary
A defendant out on bond in Mississippi skips a court date. The bail agent searches and discovers the defendant has been arrested and is sitting in jail in another state on a different charge. The bail agent goes through the surrender process: gives the out-of-state sheriff a written notice, then files that notice with the Mississippi court. The question: does this work the same way as if the defendant were incarcerated in another Mississippi county?
The Tishomingo County Justice Court Judge asked the AG three linked questions. The AG answered the first two and declined the third (mixed law and fact).
Question 1: Does "another jurisdiction" in Mississippi Code Annotated § 99-5-25 include other states?
Yes. The opinion uses the doctrine of noscitur a sociis (associated words take meaning from one another) and points to the Mississippi Supreme Court's holding in Wood v. State, 345 So. 2d 616 (Miss. 1977), interpreting the parallel phrase in § 83-39-7(3) to include out-of-state custody. Both bail-bond statutes use "another jurisdiction" the same way.
Question 2: If the bail agent properly surrenders an out-of-state-incarcerated defendant under § 99-5-27(1)(b), does the Mississippi court have to enter the hold order?
Yes. The statute uses mandatory language: "the court shall order a 'Hold Order' placed on the principal." Once the bail agent presents the written surrender notice from the out-of-state law enforcement agency, the Mississippi court is required (not merely permitted) to enter the hold order.
Question 3: When the bail agent cannot physically surrender the defendant because of out-of-state incarceration, should a previously entered judgment nisi or final judgment be set aside until the bond amount is paid?
The AG declined to answer because the question depends on facts (timing of forfeiture, completeness of surrender, etc.) and a mixed law-fact analysis. Section 99-5-27(1)(c) does say that the court "shall set aside the judgment nisi or final judgment upon filing of surrender notice by the bail agent" when surrender is made within the time period in § 99-5-25, but applying that to a specific case requires more than legal analysis.
What this means for you
If you're a Mississippi bail bond agent
You can effectively surrender a defendant who is incarcerated in another state. The procedure under § 99-5-27(1)(b):
- Confirm the defendant is in lawful custody in the other jurisdiction (verify with the sheriff or jailer).
- Give the receiving sheriff or chief of police (or jailer) verbal or written notice of surrender. The notice itself acts as the hold order in that jurisdiction.
- Present the written surrender notice to the Mississippi court of proper jurisdiction.
- The court enters a hold order and relieves you of liability on the bond.
- When the defendant is released from out-of-state custody, you remain responsible for getting the defendant back to the Mississippi sheriff. You can either personally return the defendant or, if the other jurisdiction will only release to law enforcement, reimburse the county for the reasonable cost of the return (capped at what your own retrieval would have cost).
This is enormously valuable if a defendant ends up in another state. Without this mechanism, you would be on the hook for the bond amount with no practical way to produce the defendant.
If you're a Mississippi justice court judge or circuit court judge
When a bail agent files a written surrender notice showing out-of-state custody, you are required to enter a hold order. The statute says "shall." Do not treat this as discretionary. The hold order does two things at once: it directs the Mississippi sheriff to retrieve the defendant when released elsewhere, and it relieves the bail agent of bond liability.
If a judgment nisi or final forfeiture has already been entered against the surety, § 99-5-27(1)(c) says the judgment "shall be set aside" upon filing of surrender notice (when the surrender is timely under § 99-5-25). The AG did not opine on whether that section applies to specific facts, but the statutory direction is mandatory in its terms.
If you're a sheriff in Mississippi
When a defendant subject to your hold order is released from out-of-state custody, work with the bail agent to coordinate transport. The bail agent has the primary responsibility to return the defendant. If the receiving jurisdiction only releases to law enforcement, the bail agent must reimburse you for reasonable retrieval costs.
If you're a district attorney or county prosecutor
The hold order does not extinguish the criminal case. The defendant still needs to face the underlying Mississippi charges. The hold order is a mechanism for handling the bond piece. Once the defendant returns and is back in custody, the case proceeds.
If you're a criminal defense attorney
If your client is in out-of-state custody and was on a Mississippi bond, work with the bail agent on the surrender process. A clean § 99-5-27(1)(b) surrender preserves the bond amount for your client (less reasonable extradition cost) under § 99-5-25(3), which says the bond will be refunded if surrender or arrest occurs within 18 months of final forfeiture.
Common questions
Q: Does "another jurisdiction" mean another county, another state, or both?
A: Both. The opinion confirms both intra-state and out-of-state jurisdictions count.
Q: Does the bail agent need to extradite the defendant?
A: The opinion expressly does not address extradition procedure, which is governed by separate state and federal frameworks. The hold-order mechanism in § 99-5-27(1)(b) is independent of extradition. The defendant might return through extradition, voluntary surrender after release, or coordination between sheriffs.
Q: What if the defendant is released from out-of-state custody before Mississippi sheriffs can act on the hold order?
A: The bail agent has primary responsibility for return. § 99-5-27(1)(b) puts the cost of return on the bail agent (with a cost-cap protection if the other jurisdiction will release only to law enforcement).
Q: How long does the surety have to surrender before final forfeiture is permanent?
A: § 99-5-25(3) gives the surety 18 months from the date of final forfeiture. If within that window the defendant appears, is arrested, surrendered, or found incarcerated in another jurisdiction with a hold order placed, the bond amount (less reasonable extradition cost, excluding attorney fees) is refunded by the court upon application by the surety.
Q: What's noscitur a sociis?
A: A Latin doctrine of statutory construction, meaning "it is known by its associates." Words are interpreted by reference to surrounding words and the same phrase used in related statutes. The AG used this doctrine to read "another jurisdiction" in the bail-bond statute the same way the Mississippi Supreme Court read it in a related bail-bond statute.
Q: Why didn't the AG answer the third question?
A: The judge asked whether a previously entered judgment nisi and final judgment "should be set aside until the amount of bond is paid." Whether the section applies to a specific defendant and a specific judgment is fact-dependent. The AG does not issue official opinions on mixed questions of fact and law (citing MS AG Op., Barton, May 17, 2021).
Background and statutory framework
Mississippi's bail-bond regime allocates risk between the surety (typically a bail bond agent or insurance company) and the State. The surety promises that the defendant will appear in court. If the defendant fails to appear, the bond is forfeited. The statutes give the surety several mechanisms to recover or avoid the forfeiture:
- § 99-5-25(3): 18-month window after final forfeiture to produce the defendant or document incarceration in another jurisdiction; bond amount is refundable on those events.
- § 99-5-27(1)(b): Procedure for surrendering a defendant in custody elsewhere, including the hold-order mechanism.
- § 99-5-27(1)(c): Surrender within the § 99-5-25 time period discharges bail agent's liability; if forfeiture has occurred, the court shall set aside the judgment nisi or final judgment upon filing of surrender notice.
- § 83-39-7(3) (related): Bondsman's right to extension of time to delay final judgment if defendant is incarcerated in another jurisdiction.
The AG's interpretation of "another jurisdiction" to include out-of-state custody preserves the practical workability of the bail-bond system in a country where defendants frequently cross state lines. Without that reading, defendants who get arrested in neighboring states would be untouchable by the bail-bond surrender mechanism, leaving sureties on the hook for amounts they cannot mitigate.
Citations and references
Statutes:
- Miss. Code Ann. § 7-5-25 (AG opinion authority)
- Miss. Code Ann. § 83-39-7(3) (extension of time for bondsmen)
- Miss. Code Ann. § 99-5-25 (forfeiture of bail; refund window)
- Miss. Code Ann. § 99-5-25(1)(c)
- Miss. Code Ann. § 99-5-25(3)
- Miss. Code Ann. § 99-5-27 (surrender of principal by bail agent)
- Miss. Code Ann. § 99-5-27(1)(b) (surrender in another jurisdiction)
- Miss. Code Ann. § 99-5-27(1)(c) (effect of surrender on judgment nisi)
Cases:
- State Farm Ins. Co. v. Gay, 526 So. 2d 534, 537 (Miss. 1988), doctrine of noscitur a sociis
- Wood v. State, 345 So. 2d 616, 618 (Miss. 1977), interpreting "another jurisdiction" in § 83-39-7(3) to include out-of-state custody
Prior AG opinions referenced:
- MS AG Op., Brock (Nov. 8, 2019), AG opinions limited to prospective questions
- MS AG Op., Barton (May 17, 2021), mixed questions of law and fact not addressed by official opinion
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/03/S.Adams-February-23-2023-Bail-Bond-Statutes.pdf
Original opinion text
February 23, 2023
The Honorable Seth Adams
Justice Court Judge, Tishomingo County
1008 Battleground Drive, Room 212
Iuka, Mississippi 38852
Re: Bail Bond Statutes
Dear Judge Adams:
The Office of the Attorney General has received your request for an official opinion.
Questions Presented
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Does "another jurisdiction" in Mississippi Code Annotated Section 99-5-25 specifically mean another jurisdiction in Mississippi, or does it include jurisdictions across state lines?
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If a bonding agency tries to surrender a defendant who is incarcerated in another state, does a justice court have the jurisdiction and authority to place a hold order on the defendant outside of Mississippi?
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When a bonding agency is unable to surrender a defendant because he is incarcerated in another state, should a judgment nisi and final judgment order be set aside until the amount of bond is paid?
Brief Response
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"Another jurisdiction" in Section 99-5-25 includes jurisdictions outside of Mississippi.
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A Mississippi court of proper jurisdiction shall issue a hold order if a defendant is found incarcerated in another jurisdiction outside of Mississippi upon a bail agent's presentation of a written notice of surrender in accordance with Section 99-5-27(1)(b).
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Because you present a mixed question of fact and law, this office is unable to respond by way of official opinion.
Applicable Law and Discussion
As an initial matter, opinions of this office are limited to prospective questions of state law. Miss. Code Ann. § 7-5-25. This office does not validate or invalidate past actions. Therefore, to the extent your request deals with a past action, this office must decline to respond with an official opinion. MS AG Op., Brock at *1 (Nov. 8, 2019). Further, this opinion is limited to hold orders issued by Mississippi courts and does not opine on other legal procedures including, but not limited to, extradition procedures.
It is the opinion of this office that "another jurisdiction" in Section 99-5-25 includes jurisdictions outside of Mississippi. Section 99-5-25(3) provides:
If within eighteen (18) 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.
(Emphasis added); see also Id. at (1)(c). In the context of bail bonds, the phrase "another jurisdiction" is used in other sections of the Mississippi Code, and the Mississippi Supreme Court has said, "[a]ssociated words take their meaning from one another under the doctrine of 'noscitur a sociis[,]' the philosophy of which is that the meaning of a doubtful word may be ascertained by reference to words associated with it." State Farm Ins. Co. v. Gay, 526 So. 2d 534, 537 (Miss. 1988) (internal citations omitted).
While interpreting Section 83-39-7(3), which addresses a bondsman's right to an extension of time delaying final judgment if a defendant is incarcerated in another jurisdiction, the Mississippi Supreme Court found that bondsmen were entitled to the extension when the defendant was in lawful custody in a jurisdiction outside of Mississippi. Wood v. State, 345 So. 2d 616, 618 (Miss. 1977). Therefore, applying the doctrine of "noscitur a sociis," it is the opinion of this office that as in Section 83-39-7(3), "another jurisdiction" in Section 99-5-25 includes jurisdictions outside of Mississippi.
In response to your second question, a court shall issue a hold order, for purposes of surrendering a defendant who is incarcerated in another jurisdiction outside of Mississippi, in accordance with the circumstances provided in Section 99-5-27, which states, in pertinent part:
(1)(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 at no cost to the county or, where the other jurisdiction will not release the principal to any person other than a law enforcement officer, by reimbursing to the county the reasonable cost of the return of the principal, not to exceed the cost that would be entailed if the first option were available.
(c) 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.
Miss. Code Ann. § 99-5-27(1)(b), (c) (emphasis added).
In accordance with our answer to your first question and the language in Section 99-5-27(1)(b), it is the opinion of this office that a Mississippi court of proper jurisdiction shall issue a hold order if a defendant is found incarcerated in another jurisdiction outside of Mississippi upon a bail agent's presentation of a written notice of surrender in compliance with Section 99-5-27(1)(b).
Your third question presents a mixed question of fact and law; thus, we must decline to respond by official opinion. MS AG Op., Barton at *2 n.2 (May 17, 2021) (identifying mixed questions of fact and law as one of various kinds of questions that cannot be addressed by official opinion).
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General