M.Prewitt - March 19, 2024 - Mandatory Waiting Period in Domestic Violence Cases

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 March 19, 2024 The Honorable Michael L. Prewitt Municipal Judge, Cities of Greenville & Hollandale Post Office Box 851 Greenville, Mississippi 38702-0851 Re: Mandatory Waiting Period in Domestic Violence Cases Dear Judge Prewitt: The Office of the Attorney General has received your request for an official opinion. Background In your request, you say that you have had officers tell you that a person must be held in jail for 24 hours on a domestic assault arrest, whether from a current incident or on a warrant, before a judge is to be contacted and the defendant allowed to bond out or be released. It has been your understanding that a judge must be contacted within 24 hours of arrest (not after some waiting period) to set the terms of the defendant’s release. Question Presented Is there a mandatory waiting period for defendants being held in jail on a domestic violence charge? Brief Response No. While Mississippi Code Annotated Section 99-5-37 previously authorized a “twenty-four- hour cooling-off period,” this language was removed by an amendment in 2012. Under current law the judge may, upon setting bail, impose a holding period of up to twenty-four hours that starts “from the time of the initial appearance or setting of bail.” Id. at (2). Applicable Law and Discussion Mississippi Code Annotated Section 99-5-37 provides, in relevant part: Hon. Michael L. Prewitt March 19, 2024 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 (1) In any arrest for (a) a misdemeanor that is an act of domestic violence as defined in Section 99-3-7(5); (b) aggravated domestic violence as defined in Section 97-3-7(4) . . . no bail shall be granted until the person arrested has appeared before a judge of the court of competent jurisdiction. The appearance may be by telephone. Nothing in this section shall be construed to interfere with the defendant's right to an initial appearance or preliminary hearing. (2) Upon setting bail, the judge may impose on the arrested person a holding period not to exceed twenty-four (24) hours from the time of the initial appearance or setting of bail. (emphasis added). While Section 99-5-37 previously authorized a “twenty-four-hour cooling-off period” specifically, this language was removed by an amendment in 2012. As amended, the statute authorizes, but does not require, a holding period of up to twenty-four hours that begins “from the time of the initial appearance or setting of bail.” Id. at (2). We find no mandatory cooling-off or holding period for domestic violence offenders. 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