The short answer: a detainer, sometimes called a hold, is a formal request from one authority asking a jail or prison to keep a person in custody, or to notify them before releasing that person, because another agency also wants to act on the case. In plain terms, it means someone may not be released even after they would otherwise be eligible, because a second authority has placed a claim on them.
Why Detainers Exist
Different agencies sometimes have overlapping interest in the same person. A detainer is the mechanism that lets one authority signal to another, “Do not release this person without contacting us first.” Without a detainer, a person might be released after posting bail or completing a sentence, even though another agency intended to take further action.
Common Types of Detainers
- Immigration detainers: Placed by federal immigration authorities when they want to be notified before a non-citizen is released, so they can consider taking the person into immigration custody. How local facilities respond to these requests can vary by location.
- Other-jurisdiction holds: Placed by another county, state, or the federal government when the person has a pending case or warrant elsewhere. The person may be transferred to that jurisdiction after their current matter concludes.
- Parole or probation holds: Placed when someone under supervision is arrested, allowing the supervising authority to review a possible violation. This connects to the difference between parole and probation.
How a Detainer Affects Release
A detainer can change what happens even when a person would otherwise be free to go. For example, someone might post bail, only to remain in custody because of a hold. Understanding this is important when a family is arranging release; it can help to know the difference between bail and bond and to ask specifically whether any holds are in place before paying.
A detainer does not always mean the person will be transferred or face new charges. In some cases, the other authority may decide not to act, or a hold may expire. However, families should not assume a detainer will simply disappear. Confirming its status directly is important.
What Families Can Do
- Ask the facility whether a detainer or hold exists before arranging any release or paying bail.
- Find out which authority placed the hold, so you know who to contact for more information.
- Consult an attorney, especially for immigration detainers, which involve a separate legal system with its own rules and timelines.
If your loved one is being held and you are still learning the basics of staying in touch, our guide on how to visit an inmate can help.
Why This Matters
Detainers are one of the most confusing parts of the system for families, because they can lead to a loved one remaining in custody or being transferred unexpectedly. Knowing that a hold exists, and who placed it, gives you a starting point to understand what is happening and to seek the right help.
Frequently Asked Questions
Does a detainer mean my loved one will definitely be transferred?
Not always. A detainer is a request or notice. The other authority may or may not follow through. Confirm the current status with the facility or an attorney.
Can someone post bail if there is a detainer?
They may still be held even after posting bail if a detainer is in place. Always ask about holds before paying anything.
How long can a detainer last?
It depends on the type of detainer and the jurisdiction. Some have specific time limits; others depend on the actions of the requesting authority.
Who can place a detainer?
Various authorities can, including other jurisdictions, supervising agencies for parole or probation, and federal immigration authorities.
Should I get a lawyer for a detainer?
Often, yes, especially for immigration detainers, which involve a separate legal system. An attorney can explain the specific situation and options.
Detainer rules and how facilities respond to them vary widely by jurisdiction. Always confirm details with the facility or a licensed attorney. This article is informational and is not legal advice.
