HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.sag/sagms0083 and id is 1 raw text is: Mississippi Attorney General Opinions
Representative Scott DeLano
Office of the Attorney General
August 19, 2010
Office of the Attorney General
State of Mississippi
*1 Opinion No. 20lo-00460
*1 August 19, 2010
Re: HB 900, 2010 Regular Session
*1 Representative Scott DeLano
*1 P.O. Box 4524
*1 Biloxi, MS 39535
Dear Representative DeLano:
*1 Attorney General Jim Hood has received your request and has assigned it to me for research and reply. You letter concerns questions related
to the 2010 amendment of Section 83-39-10() and (d) by HB 900:
*1(j) Bail means the use of money, property or other security to cause the release of a defendant from custody and secure the appearance of a
defendant in criminal court proceedings, or the monitoring or supervision of defendants who are released from custody on recognizance, parole
or probation, except when such monitoring or supervision is conducted after conviction, sentencing or other adjudication and solely by public
employees.
*1 (d) 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 as defined by this chapter. The above definition shall not include, and this chapter does not apply to, any
individual who is not licensed under this chapter who acts as personal surety in instances where there is no compensation charged or received for
such service.
ISSUES
*1 1. In the context of subsection (j) what constitutes monitoring? Does a private entity that provides electronic monitoring of pre-trial offenders
under Court order become affected by this new definition? What is the intent of this new definition?
*1 Answer: Monitoring or supervision of defendants includes all types of watching, keeping track of or checking on an individual [See definitions
of monitoring and supervision in Webster's Tenth Collegiate Dictionary 752 and 1184 (1993)] such as monitoring or supervision by a probation
service or other such private entity byway of electronic or other means. This would include a private entity that provides electronic monitoring of
pre-trial offenders under court order. However, there are no provisions in Section 83-39-1 et seq requiring or providing for the licensing of
monitors not acting as personal sureties for compensation.
*1 2. Would you concur that pursuant to subsection (d) a private entity that monitors pre-trial offenders and does not receive compensation for
their personal surety would be excluded from this section?
*1 Answer: Yes. A private individual or entity which acts as a personal surety without compensation is excluded from the definition of professional
bail agent. Also, as stated above, there are no provisions in Section 83-39-1 et seq requiring or providing for the licensing of monitors not acting
as personal sureties for compensation.
Sincerely,
*1 Jim Hood
*1 Attorney General
*1 By: James Y. Dale
*1 Special Assistant Attorney General
END OF DOCUMENT](ViewImageLocal?handle=hein.sag/sagms0083&div=1&collection=&method=preview&ext=.png&size=3)