HA2TOHB151 • 2025

This Amendment 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.

Children Housing

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Gorman
Last action: 2026-01-27
Official status: Introduced and Placed With Bill
Effective date: Not listed

Plain English Breakdown

The source text includes a '[Repealed.]' marker near the exemption clause which may indicate future changes or specific legislative context not fully explained in this excerpt.

Amendment Exempting Certain Juvenile Facilities from Private Detention Rules

This amendment creates a new definition for nonsecure residential settings and exempts facilities using this setting for Family Court juveniles from being classified as private detention facilities.

What This Bill Does

Defines 'nonsecure residential detention setting' as a facility without locked doors, fences, bars, razor wire, or other barriers meant to stop people from leaving.
States that in these settings, physical restraints can only be used during emergencies.
Exempts facilities housing programs for Family Court juveniles under the Department of Services for Children, Youth and Their Families from the definition of a private detention facility.
Sets an end date for this exemption on February 1, 2028.
Makes small technical corrections to fix numbering errors in the bill.

Who It Names or Affects

Facilities that house programs contracted by the Department of Services for Children, Youth and Their Families solely for nonsecure residential detention settings.
Juveniles under the jurisdiction of Family Court who live in these specific facilities.
State agencies responsible for defining private detention facilities.

Terms To Know

Nonsecure residential detention setting: A facility without locked doors, fences, bars, razor wire, or other barriers to prevent exit that limits physical restraints to emergency situations only.
Private detention facility: A detention facility run by a private company under contract with the government, which now excludes certain nonsecure juvenile facilities.

Limits and Unknowns

The exemption for these specific facilities ends on February 1, 2028.
This rule only applies to programs contracted solely by the Department of Services for Children, Youth and Their Families for juveniles under Family Court jurisdiction.

Bill History

2026-01-27 Delaware General Assembly
Introduced and Placed With Bill

Official Summary Text

This Amendment 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 Amendment also makes technical corrections.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Gorman

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

HOUSE BILL NO. 151

AMEND House Bill No. 151 on line 2 by inserting “and redesignating accordingly” after “as follows” and before the colon.

FURTHER AMEND House Bill No. 151 on line 5 by deleting “

(4)

” and inserting in lieu thereof “

(3)

”.

FURTHER AMEND House Bill No. 151 by inserting the following after line 7 and before line 8:

“

(5) “Nonsecure residential detention setting” means a facility that does not have locked doors, locked perimeter fencing, bars, razor wire, or other physical barriers intended to prevent exit from the premises and that limits the use of physical restraints to emergency situations.

”.

FURTHER AMEND House Bill No. 151 on line 8 by deleting “

(5)

” and inserting in lieu thereof “

(7)

”.

FURTHER AMEND House Bill No. 151 by inserting the following after line 20 and before line 21:

“

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.

”.

FURTHER AMEND House Bill No. 151 by inserting the following after line 24:

“Section 3. Amend § 6503, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§ 6503. Definitions.

As used in this chapter:

(5) “Nonsecure residential detention setting” means a facility that does not have locked doors, locked perimeter fencing, bars, razor wire, or other physical barriers intended to prevent exit and that limits the use of physical restraints to emergency situations.

(7) “Private detention facility” means a detention facility that is operated by a private, nongovernmental, for profit entity, and operating pursuant to a contract or agreement with a governmental entity. A private detention facility does not include:

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.]

Section 4. Sections 1 and 2 of this Act are effective upon enactment. Section 3 of this Act is effective on February 1, 2028.”.

SYNOPSIS

The exemption for nonsecure residential settings for juveniles sunsets on February 1, 2028.

This Amendment also makes technical corrections.