"The PREA was passed unanimously by both parties in Congress in 2003, aiming to "provide for the analysis of the incidence and effects of prison rape in federal, state, and local institutions and to provide information, resources, recommendations and funding to protect individuals from prison rape," while recognizing the "particular vulnerabilities of inmates who are LGBTI or whose appearance or manner does not conform to traditional gender expectations.""
"Guidelines issued in 2012 required officials who were "deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments" to "consider on a case-by-case basis whether a placement would ensure the inmate's health and safety, and whether the placement would present management or security problems.""
The DOJ sent a memo to prison inspectors instructing them not to evaluate detention facilities based on Prison Rape Elimination Act safety standards for LGBTQ+ inmates. The directive applies to federal and state prisons, juvenile detention centers, and immigration detention centers. The memo follows a January executive order that denies the existence of transgender people and bars federally funded facilities from accommodating trans people based on gender identity, explicitly banning housing trans women in women's facilities while not addressing trans men. PREA was enacted in 2003 to address prison rape and recognize LGBTI vulnerabilities; 2012 guidelines required individualized housing decisions considering inmate safety and security.
Read at Advocate.com
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