HB151 • 2025

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

Children

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Gorman
Last action: 2026-05-21
Official status: Lieu/Substituted 3/19/26
Effective date: Not listed

Plain English Breakdown

The official source material does not provide details on how existing contracts will be handled or what impact this change might have on current operations and staffing in these facilities.

Ban on Private Detention Facilities

The bill stops private companies from running detention centers in Delaware.

What This Bill Does

Changes a law to say that private companies cannot run detention facilities in Delaware.

Who It Names or Affects

Private companies that run detention centers in Delaware

Terms To Know

Detention facility: A place where people are kept involuntarily, either as punishment or while waiting for a court hearing.
Private detention facility: A detention center run by private companies that make money from operating the facility under contract with the government.

Limits and Unknowns

The bill does not specify what will happen to existing contracts for private detention facilities.
It is unclear how this change will affect current operations and staffing in these facilities.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Gorman

PWB 5/20/25

Plain English: The amendment adds a new part (g) to House Bill No. 151, which says that certain facilities providing services for children in nonsecure settings are not considered private detention facilities.

Adds an exemption for Residential Alternative to Detention facilities from being classified as private detention facilities.

The amendment does not specify the exact criteria or conditions under which these facilities operate, beyond stating they provide nonsecure residential services.

HA 2

2 • Gorman

PWB 1/27/26

Plain English: This amendment changes the definitions related to detention facilities in Delaware law and adds a new definition for 'nonsecure residential detention setting', while exempting certain juvenile service programs from being classified as private detention facilities until February 1, 2028.

Adds a new definition for 'nonsecure residential detention setting' which describes a facility without physical barriers to prevent exit and limits the use of restraints only in emergencies.
Exempts certain juvenile service programs from being classified as private detention facilities until February 1, 2028.
Makes technical corrections by adjusting numbering and inserting new sections.

The amendment text does not provide details on how the exemption will be implemented or enforced before it sunsets in 2028.

Bill History

2026-05-21 Delaware General Assembly
HS 2 for HB 151 - Signed by Governor
2026-05-06 Delaware General Assembly
HS 2 for HB 151 - Passed By Senate. Votes: 21 YES
2026-04-22 Delaware General Assembly
HS 2 for HB 151 - Reported Out of Committee (Corrections & Public Safety) in Senate with 1 Favorable, 4 On Its Merits
2026-04-16 Delaware General Assembly
HS 2 for HB 151 - Passed By House. Votes: 28 YES 13 NO
2026-04-16 Delaware General Assembly
HS 2 for HB 151 - Assigned to Corrections & Public Safety Committee in Senate
2026-04-15 Delaware General Assembly
Substituted in House by HS 2 for HB 151
2026-03-24 Delaware General Assembly
Amendment HA 1 to HS 1 - Introduced and Placed With Bill
2026-03-19 Delaware General Assembly
Substituted in House by HS 1 for HB 151
2026-01-27 Delaware General Assembly
Amendment HA 2 to HB 151 - Introduced and Placed With Bill
2026-01-14 Delaware General Assembly
Reported Out of Committee (Judiciary) in House with 6 Favorable, 1 On Its Merits
2025-05-20 Delaware General Assembly
Amendment HA 1 to HB 151 - Introduced and Placed With Bill
2025-05-01 Delaware General Assembly
Introduced and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION FACILITIES.
This Act prohibits the operation of private detention facilities in the State of Delaware.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Gorman & Sen. Seigfried

Reps. Morrison, Snyder-Hall, Romer, Berry, Griffith, Phillips, Heffernan, Ross Levin; Sens. Hoffner, Mantzavinos, Cruce

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 151

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 6503, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 6503. Definitions.

As used in this chapter:

(4) “Detention facility” means any facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.

(5) “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. Any facility providing rehabilitative, counseling, treatment, mental health, educational, or medical services to a juvenile that is under the jurisdiction of the Family Court pursuant to Chapter 9 of Title 10.

b. Any facility providing evaluation or treatment services to a person who is detained or subject to an order of commitment by a court, pursuant to Chapter 50 of Title 16.

c. Any facility providing educational, vocational, medical, or other ancillary services to an inmate in the custody of, and under the direct supervision of, the Department of Correction or other law enforcement agency.

d. A residential care facility licensed pursuant to Chapter 22 of Title 16.

e. Any school facility used for the disciplinary detention of a pupil.

f. Any facility used for the quarantine or isolation of persons for public health reasons pursuant to § 3136 of Title 20.

Section 2. Amend Subchapter XI, Chapter 65, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 6593. Private detention facilities; prohibited.

A person may not operate a private detention facility within the State.

SYNOPSIS

This Act prohibits the operation of private detention facilities in the State of Delaware.