Allegheny County Council voted unanimously Tuesday to approve legislation amending the county’s jail code to create a new article focused on prison rape prevention.
The new “Jail Rape Elimination” measure requires the Allegheny County Jail and any county-owned correctional facility to maintain a zero-tolerance policy for sexual abuse and preserve protections for incarcerated individuals, including LGBTQ inmates, amid concerns that recent federal policy changes could weaken enforcement of national standards.
Its primary purpose is to preserve sexual abuse protections for transgender inmates regardless of federal policy changes under the Prison Rape Elimination Act, or PREA, a 2003 law aimed at preventing sexual assault in prisons, jails and juvenile detention centers.
Congress passed PREA to establish national standards for preventing, detecting and responding to sexual abuse in correctional facilities. Additional protections for LGBTQIA inmates were added in 2012.
In December, the U.S. Department of Justice issued a memorandum instructing PREA auditors — who are typically hired by correctional facilities to assess compliance — to stop evaluating certain protections for transgender, intersex and gender-nonconforming inmates if those standards conflict with federal executive policy.
The county legislation was introduced in January by at-large Councilwoman Bethany Hallam, who chairs the jail oversight board. Other sponsors include Kathleen Madonna-Emmerling, District 1; Pat Catena, District 4; and at-large Councilman Alex Rose.
The article also requires facilities to adopt Pennsylvania Department of Corrections PREA procedures, provide ongoing staff training and submit annual reports detailing prison rape prevention efforts to the county executive, county council, the jail oversight board and the county manager.
Facilities also must notify the Allegheny County Jail Oversight Board or juvenile detention advisory board within 48 hours of any reported rape and provide weekly updates until the matter is resolved.
A handful of activists from ACT UP Pittsburgh spoke in support of the legislation.
“Incarcerated trans women and intersex people already face discrimination and violence at higher rates than cis people, now protections against sexual violence and sex trafficking have been revoked,” said Birdie Claymeayer, who is a member of ACT UP Pittsburgh. “This is not only cruel, it’s a human rights violation.”
Despite Catena being a sponsor of the bill, members of ACT UP Pittsburgh joined his fellow council members in calling for his resignation as county council president.
Catena resigned as president Friday, following a controversial campaign mailer sent during his unsuccessful Democratic primary run for Pennsylvania’s 45th House District.
The mailer criticized his opponent for receiving support from a political action committee that advocates for transgender athletes.
Catena was not physically present for Tuesday’s council meeting but joined virtually and voted in favor of the legislation.
Catena could not be reached for immediate comment.