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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.

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
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 candidate explanation included claims about making specific technical corrections and setting a clear end date that were not detailed in the official source material.

Exemption for Juvenile Services Facilities

This amendment removes certain facilities that provide services to juveniles from being classified as private detention facilities.

What This Bill Does

  • Changes the definition of a 'private detention facility' to exclude specific juvenile service facilities.
  • Provides a definition of what a 'nonsecure residential setting' is for juveniles.

Who It Names or Affects

  • Facilities that provide services to juveniles under Family Court jurisdiction.

Terms To Know

Nonsecure residential setting
A place where juveniles live without locked doors, fences, or other physical barriers intended to prevent exit and with limited use of physical restraints.
Private detention facility
A place run by a private company that holds people awaiting court decisions but does not include juvenile service facilities under this amendment.

Limits and Unknowns

  • The exemption for nonsecure residential settings for juveniles ends on February 1, 2028.
  • It only affects facilities providing services in nonsecure settings for juveniles under Family Court jurisdiction.

Bill History

  1. 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

TO

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:

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.]

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

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.