DELAWARE - The Delaware Senate has passed legislation that would prohibit Delaware state and local governments from entering into agreements with privately operated detention facilities.
House Substitute 2 for House Bill 151 would amend Title 11 of the Delaware Code to block the state, local governments and their agencies or employees from contracting with or financially supporting private detention facilities.
Under the bill, Delaware would be prohibited from entering agreements for the detention of individuals in privately owned or operated detention facilities. The measure also would bar the state from paying, reimbursing or subsidizing costs tied to the construction, ownership, management or operation of those facilities.
The legislation also would prohibit the state or local governments from receiving per diem payments or other compensation related to detainees held in private detention facilities. Financial incentives connected to the sale, construction or operation of private detention facilities also would be banned.
House Substitute 2 adds exemptions that were not included in the original House Bill 151. The updated version excludes Residential Alternative to Detention facilities from the definition of a private detention facility.
The substitute measure also exempts facilities that provide services in a nonsecure residential setting for children under the jurisdiction of Family Court. The bill defines a “nonsecure residential setting” and states that exemption would expire Feb. 1, 2028.
The legislation also makes technical corrections to a previous substitute version of the bill. The bill now awaits action from the governor.
