Delaware 150th General Assembly (2019-2020) Status: In Committee Bipartisan · 12 D · 2 R cosponsors

HB 258 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRISONS AND PRISONERS.

Last action — Assigned to Appropriations Committee in House

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 150th General Assembly (2019-2020). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

This bill allows the Department of Correction to implement prison nurseries, which would allow women inmates that give birth during their time incarcerated the option of raising their infant up to the age of 18 months. Studies have shown that prison nurseries allow a mother and child to bond during this critical time of infancy and in turn lowers recidivism rates of these women inmates. This bill would further take the burden off of the foster care system and reduce the damage done between the mother and child relationship as a result of imprisonment.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes a correctional nursery program allowing incarcerated mothers to raise their infants up to 18 months old in prison, which is expected to strengthen mother-child bonds and reduce recidivism rates.

  • Chapter 68, Title 11 of the Delaware Code

    The Department may establish a correctional nursery program to allow eligible offenders and children born to them while in the custody of the Department to reside together in a correctional institution.

    This introduces a new program that allows mothers and their infants to stay together in prison.

  • § 6801

    The General Assembly hereby finds that the creation of correctional nursery programs where incarcerated mothers who give birth while in prison can raise their young children up to 18 months old, lowers recidivism rates for the inmates and provides necessary bonding for the mother and child. → The General Assembly hereby finds that the creation of correctional nursery programs lowers recidivism rates for incarcerated mothers who give birth in prison and provides necessary bonding for them and their children.

    This clarifies the findings regarding the benefits of correctional nursery programs.

  • § 6802 (5)

    “Eligible offender” means an offender who meets all of the following criteria: a. Is pregnant at the time she is brought into the custody of the Department. b. Gives birth on or after the date the correctional nursery program is implemented. c. Subject to a sentence of incarceration of not more than 3 years. d. She and the child meet other criteria established by the Department.

    This defines the criteria for who can qualify as an eligible offender for the nursery program.

  • § 6804

    To participate in the correctional nursery program, each eligible offender selected by the Department must do all of the following: (1) Comply with any educational, counseling or other requirements established for the program by the Department. (2) Comply with Delaware law regarding immunizations of the infant. (3) If eligible, have the child participate in the Medicaid program or health insurance program. (4) Accept the normal risks of child bearing. (5) Abide by any court decisions regarding the allocation of parental rights and responsibilities regarding the child. (6) Assign to the Department any rights to support from any other person. (7) Specify with whom the child is to be placed in the event the inmate’s participation in the program is terminated for a reason other than release from incarceration.

    This outlines the terms and requirements for eligible offenders to participate in the nursery program.

  • § 6805 (a)

    No offender may participate in the correctional nursery program unless the offender voluntarily enrolls by agreeing to be bound by a written contract with the Department, which contract shall clearly set forth the obligations, duties, responsibilities and expectations with which such inmate must comply.

    This establishes the requirement for voluntary enrollment and the existence of a contract between the offender and the Department.

  • § 6807

    (a) A child that is enrolled in the correctional nursery program does not waive their right to support under § 501 of Title 13. (b) If there is an existing child-support order in which the inmate is the obligee in the interest of the minor child, the Department shall be assigned as the obligee upon the inmate enrolling the child in the correctional nursery program and until termination of the inmate and child’s participation in the program. The Division of Child Support Services shall collect support payments made pursuant to the assignment and forward them to the Division. (c) If there is not an existing child support order, the Department may file a Petition for Support on behalf of the inmate and in the interest of the minor child in which the Department is the assigned obligee upon the inmate enrolling the child in the correctional nursery program and until termination of the inmate and child’s participation in the program. The Division of Child Support Services shall collect support payments made pursuant to the assignment and forward them to the Division.

    This section clarifies the financial responsibilities and child support arrangements related to the nursery program.

Action History

  1. Assigned to Appropriations Committee in House

  2. Reported Out of Committee (Corrections) in House with 5 On Its Merits

  3. Introduced in House and Assigned to Corrections Committee

Sponsors

Sponsorship breakdown

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7 sponsors · 22 co-sponsors · 33 not signed on

Sponsors (7)

Co-sponsors (22)

Not signed on (33)

33 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does HB 258 do?
This bill allows the Department of Correction to implement prison nurseries, which would allow women inmates that give birth during their time incarcerated the option of raising their infant up to the age of 18 months. Studies have shown that prison nurseries allow a mother and child to bond during this critical time of infancy and in turn lowers recidivism rates of these women inmates. This bill would further take the burden off of the foster care system and reduce the damage done between the mother and child relationship as a result of imprisonment.
Who sponsors HB 258?
HB 258 is sponsored by Kimberly Williams (Democratic), Daniel B. Short (Republican), Sean M. Lynn (Democratic), Kendra Johnson (Democratic), Krista Griffith (Democratic), Timothy D. Dukes (Republican), Franklin D. Cooke (Democratic), Nnamdi O. Chukwuocha (Democratic), William Bush (Democratic), Stephanie T. Bolden (Democratic), Bryan Townsend (Democratic), Laura V. Sturgeon, S. Elizabeth Lockman (Democratic), Nicole Poore (Democratic), Melissa Minor-Brown (Democratic), Bruce C. Ennis, David B. McBride, Valerie Longhurst, Ruth Briggs King, Sherry Dorsey Walker, Colin Bonini, Harris B. McDowell, Paul S. Baumbach, Andria L. Bennett, Earl G. Jaques Jr., Sean Matthews, Michael Ramone, Peter C. Schwartzkopf, and Raymond Seigfried.
What is the current status of HB 258?
This bill died with 150th General Assembly (2019-2020). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 258?
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