MS SB2298

Prohibits courts from setting bail solely for the purpose of detention; presumes bail amounts are both necessary for public safety and attainable by defendants in both municipal and justice courts.

Allows defendants to file motions to reduce or set aside bail due to lack of financial means, with courts required to rule within 48 hours; courts must consider third-party support systems for release.

Prohibits incarceration of misdemeanor defendants solely because they cannot afford bail and requires judges to consider release on recognizance based on Mississippi Rules of Criminal Procedure standards.

Requires courts to check the Mississippi Protection Order Registry before setting bail in cases involving domestic relationships and mandates consideration of existing domestic abuse protection orders.

Establishes that judgment nisi for bail forfeiture is returnable for 90 days and may be set aside if defendant appears, is arrested, or surety provides reasonable mitigating circumstances; refunds bail (minus extradition costs) if defendant appears within 18 months.