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

House Substitute No. 2 for House Bill No. 151 prohibits the State, a unit of local government, or any agency, officer, employee, or agent thereof, from doing the following with respect to a detention facility owned, managed, or operated by a private entity: (1) Enter into an agreement of any kind for the detention of an individual with; (2) Pay, reimburse, subsidize, or defray in any way any cost related to the sale, purchase, construction, development, ownership, management, or operation of; (3) Receive per diem, per detainee, or any other payment related to the detention of an individual in;

(4) Give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of. This House Substitute is different from House Bill No. 151 in the following ways: (1) It adds an exemption that excludes Residential Alternative to Detention facilities from the definition of a private detention facility. (2) It exempts facilities that house a program to provide services in a nonsecure residential setting for juveniles under the jurisdiction of Family Court from the definition of a private detention facility.

It also provides a definition of “nonsecure residential setting”. The exemption for nonsecure residential settings for juveniles sunsets on February 1, 2028. This Substitute makes technical corrections to Section 3 of House Substitute No. 1 for House Bill No. 151.