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DelawareHS 1 for HB 151153rd General Assembly (2024–2026)House

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

Sponsored By: Mara Gorman (Democratic)

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 2 costs, 0 mixed.

Delaware bans government deals for private detention

Effective upon enactment, Delaware state and local governments cannot make detention agreements with covered private facilities. Their agencies, officials, employees, and agents also face these limits. They cannot pay or subsidize related costs, receive detention payments, or offer incentives for buying, building, owning, or operating facilities. Covered facilities have private, for-profit operators under government contracts and hold people for sentences or pending court or agency proceedings. Exemptions remain for juvenile rehabilitation, counseling, treatment, mental health, education, or medical services; court-ordered mental health evaluation or treatment; and licensed residential care. School detention, public health quarantine or isolation, and support services for inmates under direct correctional or law-enforcement supervision are also excluded. Governments can still hire private providers for medical care, food, education, repairs, and maintenance at government-run detention facilities.

Private juvenile detention exemption ends in 2028

Beginning February 1, 2028, the law ends a temporary exemption for nonsecure juvenile detention contracted by Delaware's children's services department. These settings have no locked exits or other physical barriers preventing exit and use physical restraints only in emergencies. The change covers facilities serving juveniles under Family Court jurisdiction. They become subject to private detention limits when run by private, for-profit, nongovernment operators under government agreements. Facilities covered by another exemption remain excluded.

Sponsors & Cosponsors

Sponsor

  • Mara Gorman

    Democratic • House

Cosponsors

  • Alonna Berry

    Democratic • House

  • Nnamdi O. Chukwuocha

    Democratic • House

  • Daniel Cruce

    Democratic • Senate

  • Krista Griffith

    Democratic • House

  • Kerri Evelyn Harris

    Democratic • House

  • Debra Heffernan

    Democratic • House

  • Kyra L. Hoffner

    Democratic • Senate

  • Spiros Mantzavinos

    Democratic • Senate

  • Eric Morrison

    Democratic • House

  • Sophie Phillips

    Democratic • House

  • Cyndie Romer

    Democratic • House

  • Melanie Ross Levin

    Democratic • House

  • Ray Seigfried

    Democratic • Senate

  • Claire Snyder-Hall

    Democratic • House

  • David P. Sokola

    Democratic • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. HS 2 for HB 151 - Signed by Governor

    5/21/2026Governor

  2. HS 2 for HB 151 - Passed By Senate. Votes: 21 YES

    5/6/2026Senate

  3. HS 2 for HB 151 - Reported Out of Committee (Corrections & Public Safety) in Senate with 1 Favorable, 4 On Its Merits

    4/22/2026Senate

  4. HS 2 for HB 151 - Assigned to Corrections & Public Safety Committee in Senate

    4/16/2026Senate

  5. HS 2 for HB 151 - Passed By House. Votes: 28 YES 13 NO

    4/16/2026House

  6. Substituted in House by HS 2 for HB 151

    4/15/2026House

  7. Amendment HA 1 to HS 1 - Introduced and Placed With Bill

    3/24/2026House

  8. was introduced and adopted in lieu of HB 151

    3/19/2026House

Bill Text

  • Current

    3/19/2026

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