What is really posted at the jail
The agent files a bond form on behalf of a surety insurer licensed by the California Department of Insurance. The court accepts the surety's promise in place of cash under the bail provisions of the Penal Code. The full bail amount is never deposited.
Where the 10% goes
- A portion goes to the surety insurer as its share of the premium.
- A portion goes into a build-up fund reserved against future forfeitures.
- The rest funds the agency: licensed staff answering the phone at 3 a.m., court-date monitoring, jail runs, and office overhead.
Under Insurance Code §1800, the rate itself is filed with the state, so agencies compete on service and payment terms, not price.
When the agent's money is genuinely on the line
If the defendant skips, the court declares forfeiture and Penal Code §1305 starts a 185-day appearance period. If the defendant is not returned, Penal Code §1306 allows summary judgment for the full bond amount — paid by the surety, with the agency's build-up fund and the indemnitors behind it. Recovery costs come out of that same pocket.