Legal Definitions - hold order

A hold order is an official directive placed on an individual's record within a correctional facility, such as a prison or jail. This order indicates that another legal authority—like a different state, county, or federal agency—has outstanding charges, a warrant, or a request for that person. Its purpose is to prevent the individual from being released from custody at the end of their current sentence or detention period. Instead, the correctional facility is legally required to notify the requesting authority, allowing them to take custody of the individual to address the pending legal matters.

• Example 1: Interstate Charges

  Imagine a person serving a two-year sentence in a state prison in Oregon for a theft conviction. As their release date approaches, authorities in California discover that this individual has an active arrest warrant for a felony assault committed there several years ago. California prosecutors issue a hold order to the Oregon prison. When the individual's Oregon sentence concludes, the prison officials will not release them to the general public. Instead, they will notify California authorities, who can then arrange for the individual to be extradited to California to face the pending assault charges.

• Example 2: Local Warrants

  Consider someone arrested in Smith County for a minor traffic violation and held in the county jail because they couldn't post bail. While awaiting their court date for the traffic offense, the sheriff's office in neighboring Jones County realizes this individual is a prime suspect in a recent burglary and has an active arrest warrant for them. Jones County places a hold order on the individual in Smith County Jail. Even if the person resolves their traffic violation or posts bail, Smith County Jail will not release them until Jones County officials are notified and can come to take custody of the individual for the burglary investigation.

• Example 3: State to Federal Custody

  A person is incarcerated in a state prison for a serious drug manufacturing offense. Unbeknownst to them, federal agents have been building a case against them for a larger, multi-state drug trafficking conspiracy. As the individual nears the completion of their state sentence, federal marshals place a hold order with the state prison. This means that upon the completion of their state sentence, the individual will not be set free. Instead, they will be transferred directly into federal custody to face the new federal charges related to the drug trafficking conspiracy.