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Senate Institutions Committee hears testimony urging codification of PREA protections in Vermont
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Summary
Charlie Lesserman of the Vermont Network Against Domestic Violence told the Senate Institutions Committee that codifying federal PREA standards in state law would preserve protections for incarcerated people amid recent DOJ guidance changes and funding cuts; committee members raised questions about misgendering, staff impacts and compliance. No formal action was taken; DOC and legal counsel will be invited for follow-up and the bill would require a DOC report by Dec. 15, 2027.
Charlie Lesserman, director of policy at the Vermont Network Against Domestic Violence, told the Senate Institutions Committee on April 4, 2026, that the bill’s section language would lock in federal Prison Rape Elimination Act (PREA) standards in Vermont law.
"When the state incarcerates someone, it assumes control over that person's environment and a heightened duty to protect them from harm," Lesserman said, urging lawmakers to codify the standards in state statute so changes in federal enforcement would not roll back protections.
Lesserman said Vermont began implementing federal PREA standards in 2013 and that the state achieved federal PREA certification in 2015. He told the committee that two sections of the bill — identified in testimony as section 6 and section 11 — would preserve requirements currently followed by the Department of Corrections, including a zero-tolerance policy for sexual abuse, training and administrative remedies.
Lesserman cited recent federal developments as part of the rationale for state codification. "In December 2025, the U.S. Department of Justice issued a memo announcing its intent to revise federal PREA standards," he said, and auditors had been instructed, he said, "to ignore standards that protect transgender and intersex people" while the rulemaking is underway. He also said the DOJ reduced funding for the National PREA Resource Center, which he said had disrupted training and auditor certification.
Committee members pressed for operational clarity and potential unintended consequences. A committee member asked whether PREA applies only to federal facilities; Lesserman replied that PREA applies to federal, state and local correctional facilities and that codification would create a state-level floor for protections.
Multiple members raised concerns about how certain language would be applied in practice, including whether inadvertent misgendering could be treated as a PREA violation and whether that risk could deter recruitment and retention of correctional staff. One committee member described the measure as "a dangerous, dangerous bill" for people working in corrections and said the committee should assess staff impacts carefully.
Lesserman told the committee the sections he reviewed focus on sexual assault and harassment in custody and that operational scenarios such as misgendering would be best addressed by the Department of Corrections. He also said section 11 would require the DOC to submit a report to the Senate and House corrections committees by Dec. 15, 2027, identifying any changes to PREA-related standards or reporting requirements.
Lawmakers asked how state codification would interact with future federal rule changes and whether Vermont could be placed out of compliance, with potential effects on federal funding. The committee agreed to seek follow-up testimony from the Department of Corrections and legal counsel to clarify those questions and operational impacts on staff and supervision.
The committee did not take a vote. Chair closed the hearing after scheduling further testimony and follow-up.
