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

Delaware bars government support for private detention

Effective on enactment, Delaware state and local governments cannot make detention agreements with covered private, for-profit facilities. The ban also covers their agencies, officials, employees, and agents. They cannot fund facility purchases, sales, construction, development, ownership, management, or operations, or offer related financial incentives. They also cannot receive daily payments or other money tied to detention in these facilities. Governments can still hire private providers for medical care, food, education, repairs, and maintenance at government-run detention facilities. Exclusions cover specified juvenile services, evaluation and treatment, services for government-custody inmates, residential care, school discipline, public-health isolation, and residential alternatives to detention. A separate exclusion covers nonsecure juvenile placements arranged by the Department of Services for Children, Youth and Their Families. These settings have no locked doors or other exit barriers, and physical restraints are limited to emergencies. Beginning February 1, 2028, that exclusion ends for qualifying private, for-profit facilities serving juveniles under Family Court authority.