1. (a) This State, a unit of local government, or any agency, officer, employee, or agent thereof, may not do any of the following:

   1. (1) Enter into an agreement for the detention of an individual in a detention facility owned, managed, or operated, in whole or part, by a private entity.
   2. (2) Pay, reimburse, subsidize, or defray any cost related to the sale, purchase, construction, development, ownership, management, or operation of a detention facility that is or will be owned, managed, or operated, in whole or part, by a private entity.
   3. (3) Receive per diem, per detainee, or any other payment related to the detention of an individual in a detention facility owned, managed, or operated, in whole or part, by a private entity.
   4. (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 a detention facility that is or will be owned, managed, or operated, in whole or part, by a private entity.
2. (b) Nothing in this section prohibits this State or a unit of local government that owns, manages, or operates a detention facility from contracting with a private entity or person to provide ancillary services in that facility, such as, medical services, food service, educational services, or facility repair and maintenance.

85 Del. Laws, c. 258, § 2