Federal, ICE, Military, Prison & Juvenile Custody: A Guide for Families

Not every arrest or custody situation in Southern California runs through the county jail bail system. If your loved one is being held by a federal agency, by immigration authorities, by the military, in state prison, in a reentry program or in juvenile hall, the rules are different — and in most of these situations a standard bail bond is not how release works.

This guide explains what usually happens in each situation, who decides on release, and who you should contact. Bright Bail Bonds helps families with ICE immigration bonds. We do not write federal criminal bonds. We also post bail for adults held on California state charges in county jails. If you are not sure which system your loved one is in, call us at 888-669-0295 and we will help you figure it out — at no cost.

Quick answer: who handles release?

  • State charges, county jail: Regular bail applies. This is what we do.
  • Federal charges: A federal judge decides release under federal law. Commercial bail bonds are generally not part of this process.
  • Immigration (ICE) detention: Release may be possible on an immigration bond set by ICE or an immigration judge. Bright Bail Bonds can help with ICE bonds.
  • Military custody: The military justice system has no bail. Pretrial confinement is reviewed by military officials.
  • State prison, work furlough or reentry programs: The person is serving a sentence. There is no bail.
  • Juvenile hall: Minors in California do not have bail. A juvenile court judge decides on release at a detention hearing.

Federal custody in San Diego

People arrested on federal charges in San Diego and Imperial counties appear in the U.S. District Court for the Southern District of California. While a federal case is pending, they may be held at federal or contract facilities such as the Metropolitan Correctional Center (MCC) San Diego, a Federal Bureau of Prisons facility downtown that mainly holds pretrial detainees, or the Western Region Detention Facility, a privately operated facility in downtown San Diego that has housed federal detainees.

How release works in federal court

Federal release decisions follow the federal Bail Reform Act. At the first appearance, a magistrate judge can release the person on their own promise to appear, on conditions (such as supervision, travel limits or electronic monitoring), on an unsecured or secured appearance bond — sometimes backed by cash or property from family members — or order the person held until trial. If the government asks for detention, the judge holds a detention hearing, usually within a few days.

What families should do

  • Contact the person’s defense attorney right away. If they cannot afford one, the court will appoint counsel, often from Federal Defenders of San Diego.
  • To find someone in a Bureau of Prisons facility such as MCC San Diego, use the BOP inmate locator on bop.gov.
  • Ask the attorney whether family members may be asked to sign a bond or put up property, and what documents to gather.

Immigration (ICE) detention

Immigration detention is a civil process, separate from criminal court. Some detained people can be released on an immigration bond. ICE may set a bond amount, or the person can ask an immigration judge for a bond hearing. By law, an immigration bond is at least $1,500 when it is allowed, and amounts are often much higher.

Eligibility for bond depends on the person’s immigration history and criminal record, and the rules have changed several times recently — some people are not eligible for a bond hearing at all. An immigration attorney or a nonprofit legal services provider can tell you whether bond is possible in your loved one’s case.

  • Use the ICE Online Detainee Locator to find where the person is held.
  • Bonds are paid to ICE by a qualified person (the “obligor”), either at an ICE bond office or online through ICE’s Cash Electronic Bonds (CeBONDS) system. Information is on ice.gov/bonds.
  • Be careful with anyone who promises guaranteed release for a fee. Ask for everything in writing.

Call 888-669-0295 and we will check whether your loved one is eligible for an immigration bond.

Military custody (Naval Consolidated Brig Miramar)

The Naval Consolidated Brig Miramar, also called the Joint Regional Correctional Facility–Southwest, holds service members from several branches. The military justice system does not use bail. When a service member is placed in pretrial confinement, a neutral military officer must review that decision within days, and the service member has the right to military defense counsel.

  • Contact the service member’s command or their assigned military defense counsel.
  • Civilian family members cannot post a bond to secure release from the brig.

State prison, work furlough and reentry centers

People in California state prison are serving a sentence, so there is no bail. The same is true for people in work furlough, residential reentry (halfway house) or similar programs, such as the San Diego Work Furlough and Residential Reentry Center programs. These programs help people transition back into the community while they finish a sentence or term of supervision.

  • To find someone in a California state prison, use the CDCR Inmate Locator.
  • For questions about a reentry or work furlough placement, contact the program directly or the person’s probation or parole officer.
  • If someone on probation or parole is arrested on a new state charge and booked into county jail, bail may or may not be available. A probation or parole hold usually prevents release. Call us and we will check.

Juvenile custody

California does not have a bail system for minors. When a young person under 18 is arrested, a probation officer decides whether to release them to a parent or guardian or to keep them in juvenile hall. If the minor is kept in custody, a juvenile court judge must hold a detention hearing quickly — generally by the end of the next court day after the petition is filed. The judge then decides whether the minor goes home, goes home with conditions, or stays in custody.

  • Ask the arresting agency or juvenile probation where the minor is being held.
  • Bring proof of guardianship and be ready to attend the detention hearing.
  • Talk to the minor’s appointed attorney (often the public defender) before the hearing.

Note: if a 16- or 17-year-old is being prosecuted in adult court, different rules may apply. Their attorney can explain the options.

When Bright Bail Bonds can help

If your loved one is an adult booked into a county jail on California state charges, we can post bail 24/7. The usual bail bond premium is 10% of the bail amount, a rate filed with the California Department of Insurance, and payment plans are available for qualified co-signers. We also help families whose loved one is held by ICE with immigration bonds. For county jail bail, we regularly work with these facilities:

Not sure where your loved one is or which system is holding them? Call 888-669-0295. A licensed agent answers 24/7, in English and Spanish.

Frequently asked questions

Can a bail bondsman post a federal bond?

Federal courts usually release people on conditions or on bonds secured by the defendant’s family, not through commercial bail bonds. Bright Bail Bonds does not write federal bonds. The defense attorney is the best source of information on federal release.

Can a bail bondsman post an ICE immigration bond?

Yes, Bright Bail Bonds helps with ICE immigration bonds. Call 888-669-0295 and we will check whether your loved one is eligible.

Is there bail for a juvenile in California?

No. A minor is either released by probation or brought before a juvenile court judge at a detention hearing, who decides whether the minor can go home.

Can someone in state prison or a reentry program be bailed out?

No. They are serving a sentence. Release depends on the sentence, parole or the program’s rules, not on bail.

Scroll to Top