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Enacted

Delaware prohibits state and local governments from contracting with or funding private detention facilities

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

Last action · May 21, 2026: Signed by GovernorSponsors: Mara Gorman and 13 others

Introduced
Committee
Floor Vote
Passed
Law

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Public stanceCommunity reactions are separate from the official record and reporting.

What This Bill Does

House Substitute No. 2 for House Bill 151 prohibits state and local government agencies from entering into detention agreements with private entities, paying facility costs, receiving per-detainee payments, or providing financial incentives for private detention facilities. The measure exempts certain Residential Alternative to Detention facilities and nonsecure residential settings for juveniles under Family Court jurisdiction, with the juvenile exemption sunsetting on February 1, 2028.

Why it matters

State and local public agencies are barred from spending public funds on, or entering into contracts with, privately owned or operated detention facilities, altering how government bodies handle inmate housing and facility financing.

Background
  • Family Court handles matters involving juveniles and family-related legal issues within Delaware's judiciary system. context

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

State and local government agencies

Prohibited from entering contracts, making payments, or providing financial incentives related to private detention facilities.

Directly affected

Private entities operating detention facilities

Barred from receiving government detention contracts, public subsidies, per diem payments, or financial incentives from state and local agencies.

Directly affected

Juveniles under Family Court jurisdiction

Facilities housing nonsecure residential programs for these juveniles are exempt from the private detention facility ban until February 1, 2028.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Does this ban apply to all detention facilities in Delaware?
It applies to detention facilities owned, managed, or operated by a private entity, but excludes Residential Alternative to Detention facilities and certain nonsecure residential settings for juveniles.
Are juvenile facilities entirely covered by the ban?
Facilities that house a program providing services in a nonsecure residential setting for juveniles under Family Court jurisdiction are exempt from the private detention facility definition until the exemption on February 1, 2028.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Current status: Signed into law.

Procedural history

6 actions
  1. May 21, 2026Office of the GovernorEnrolled
    Signed by Governor
  2. May 6, 2026SenateFloor
    Passed By Senate. Votes: 21 YES
  3. Apr 22, 2026SenateCommittee
    Reported Out of Committee (Corrections & Public Safety) in Senate with 1 Favorable, 4 On Its Merits
  4. Apr 16, 2026SenateIntroduced
    Assigned to Corrections & Public Safety Committee in Senate
  5. Apr 16, 2026HouseFloor
    Passed By House. Votes: 28 YES 13 NO
  6. Apr 15, 2026HouseIntroduced
    was introduced and adopted in lieu of HB 151

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Voting Record

Show 1 earlier roll call
Motion succeededHouse4/16/2026Open StatesOfficial roll call ↗

SM

Total

41

Yes
28
No
13
Present
0
Not voting
0
Abstain
0

How they voted (41)

17 more members

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Prohibition on Private Detention Contracting

The state shifts from allowing private detention agreements and funding to a comprehensive statutory ban with specific juvenile and alternative facility exemptions.

Connected Entities

Family Court, Delaware
OrganizationFamily Court“Jurisdiction over juveniles in nonsecure residential settings”Map →
locationDelaware“Jurisdiction passing the legislation”Map →

Sources

Open source document

legis.delaware.gov

Analysis Score

0–100
  • Significance80
    How much this matters to a regular citizen
  • Controversy75
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz50
    Current news / social attention level

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