Senate Institutions hears GLAD testimony on H.550 to codify PREA protections for transgender inmates

Sen. Wendy Harrison, chair of the Senate Institutions Committee, convened the committee on May 6, 2026, to hear testimony on H.550, a bill described by advocates as a statutory codification of Prison Rape Elimination Act (PREA) standards and related procedures to protect transgender people in Vermont correctional facilities.

Michael Haley, a staff attorney with GLBTQ Legal Advocates and Defenders (GLAD), summarized why the bill would matter at the state level. "All of the available data consistently shows that transgender people are at significantly higher risk of sexual victimization in prisons," Haley said, citing a one‑year estimate that placed the risk for the general incarcerated population at about 4 percent and at around 40 percent for transgender people. He said H.550 largely reflects existing PREA requirements and would put those protections into statute.

Sarah Austin, also a staff attorney at GLAD, told senators the federal landscape has shifted in ways that create uncertainty for correctional practice. She said an early executive order and a Department of Justice memo directed that transgender women be housed in men's facilities or that facilities not be held to PREA protections as applied to transgender people, and that federal rulemaking to amend PREA is underway. "If the PREA regulations are repealed or changed, incarcerated people will only be protected to the extent it's provided for in state law," Austin said, urging a statutory floor to maintain consistent protections.

Haley and Austin described the kinds of procedures H.550 would formalize: individualized assessments to determine housing, programming and safety measures; options for separate showering; staff training on respectful communication; and incident reviews to determine whether assaults were motivated by a person's perceived LGBTQ status. Haley said those measures are intended both to protect individuals and to reduce overall institutional violence.

Committee members pressed for specifics. Sen. Joe Major asked for exemplar Eighth Amendment cases Austin had referenced; Austin and Haley agreed to provide the cases. Sen. Robert Funkett emphasized the need for clear documentation and spelled‑out determinants for assessments so decisions could be reviewed and understood. "The requirement that the reasons for the decision are documented" was highlighted by Austin as a strength of the bill, she said, because it allows both staff and the individuals affected to understand the basis for placement decisions.

A drafting question drew extended discussion: H.550 includes a clause directing the Department of Corrections to "make its classification and housing placement determinations on an objective basis." GLAD attorneys said they were uncertain whether the phrase could be read to prohibit the predictive judgments PREA requires (assessing likelihood of victimization or risk factors). Haylee Summer, director of communications for the Vermont Department of Corrections, told the committee the phrase was intended to ensure decisions "did not take into account anyone's personal bias," reflecting committee intent at prior drafting stages.

No formal votes were taken during the hearing. Committee members asked GLAD to deliver the court citations and indicated they would consult DOC staff about whether any clarifying edits to H.550 are needed to preserve DOC's ability to adopt protections that go beyond statute.

The committee adjourned after the testimony and follow‑up requests. The bill had come to the committee from the House and was described in the hearing as previously passed by the House.