HB 151 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION FACILITIES.

Summary

House Substitute No. 2 for House Bill No. 151 prohibits the State, a unit of local government, or any agency, officer, employee, or agent thereof, from doing the following with respect to a detention facility owned, managed, or operated by a private entity: (1) Enter into an agreement of any kind for the detention of an individual with; (2) Pay, reimburse, subsidize, or defray in any way any cost related to the sale, purchase, construction, development, ownership, management, or operation of; (3) Receive per diem, per detainee, or any other payment related to the detention of an individual in; (4) Give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of. This House Substitute is different from House Bill No. 151 in the following ways: (1) It adds an exemption that excludes Residential Alternative to Detention facilities from the definition of a private detention facility. (2) It exempts facilities that house a program to provide services in a nonsecure residential setting for juveniles under the jurisdiction of Family Court from the definition of a private detention facility. It also provides a definition of “nonsecure residential setting”. The exemption for nonsecure residential settings for juveniles sunsets on February 1, 2028. This Substitute makes technical corrections to Section 3 of House Substitute No. 1 for House Bill No. 151.

Bill Text

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The bill prohibits state entities from financially engaging with private detention facilities while establishing definitions and exemptions for nonsecure residential settings.

• § 6503, Title 11 of the Delaware Code

  g. A facility contracted by the Department of Services for Children, Youth and Their Families to provide services in a nonsecure residential detention setting for a juvenile who is under the jurisdiction of the Family Court pursuant to Chapter 9 of Title 10. → g. A facility housing a program contracted by the Department of Services for Children, Youth and Their Families solely to provide services in a nonsecure residential detention setting for a juvenile who is under the jurisdiction of the Family Court pursuant to Chapter 9 of Title 10. [Repealed.]

  This change clarifies the definition of a private detention facility by emphasizing that certain contracted services for juveniles do not constitute a private detention facility.

Action History

1. May 21, 2026

   Signed by Governor

2. May 06, 2026

   Passed By Senate. Votes: 21 YES

3. April 22, 2026

   Reported Out of Committee (Corrections & Public Safety) in Senate with 1 Favorable, 4 On Its Merits

4. April 16, 2026

   Assigned to Corrections & Public Safety Committee in Senate

5. April 16, 2026

   Passed By House. Votes: 28 YES 13 NO

6. April 15, 2026

   was introduced and adopted in lieu of HB 151

Sponsors

• Stell Parker Selby · Primary
• Marie Pinkney · Primary
• Spiros Mantzavinos · Primary
• Kerri Evelyn Harris · Primary
• Russell Huxtable · Primary
• David L. Wilson · Primary
• Nicole Poore · Primary
• Cyndie Romer · Primary
• Claire Snyder-Hall · Primary
• Eric Morrison · Primary
• Ray Seigfried · Primary
• Mara Gorman · Primary
• Melanie Ross Levin · Primary
• Sarah McBride · Primary

Votes

Subjects