HB 151 DE Became Law
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION FACILITIES.
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Summary
Delaware House Bill 151 prohibits the state and local government from entering into contracts with or providing funding for privately owned or operated detention facilities. The bill bars the state and local governments from paying per diem fees, subsidizing costs, or providing financial incentives related to private detention facilities. The bill includes exceptions for Residential Alternative to Detention facilities and nonsecure residential settings for juveniles serving under Family Court jurisdiction through February 1, 2028. The bill effectively ends state and local government use of for-profit detention facilities in Delaware, with limited exceptions for certain facility types.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
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.
Sponsors (14)
- Mara Gorman Democratic · primary
- Ray Seigfried Democratic · primary
- Eric Morrison Democratic · primary
- Claire Snyder-Hall Democratic · primary
- Cyndie Romer Democratic · primary
- Stell Parker Selby · primary
- Nicole Poore Democratic · primary
- David L. Wilson Republican · primary
- Russell Huxtable Democratic · primary
- Melanie Ross Levin Democratic · primary
- Kerri Evelyn Harris Democratic · primary
- Spiros Mantzavinos Democratic · primary
- Sarah McBride · primary
- Marie Pinkney Democratic · primary
Action history (6)
- Apr 15, 2026 was introduced and adopted in lieu of HB 151 · lower
- Apr 16, 2026 Passed By House. Votes: 28 YES 13 NO · lower
- Apr 16, 2026 Assigned to Corrections & Public Safety Committee in Senate · upper
- Apr 22, 2026 Reported Out of Committee (Corrections & Public Safety) in Senate with 1 Favorable, 4 On Its Merits · upper
- May 6, 2026 Passed By Senate. Votes: 21 YES · upper
- May 21, 2026 Signed by Governor · executive
Full text
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