TRENTON, NJ – A bill introduced in the New Jersey Assembly would mandate that transgender inmates in state prisons be housed according to their gender identity rather than the gender assigned at birth, and that correctional staff use inmates’ preferred gender pronouns.
The state legislature could soon sanction prison sex trafficking if this bill passes.
Assemblywoman Shanique Speight of Essex County introduced the measure, known as A5768, which was referred to the Assembly Law and Public Safety Committee. The proposal seeks to formalize how the Department of Corrections handles housing and treatment of transgender, non-binary, and intersex inmates.
Under the bill, corrections officers would be required to ask each inmate upon intake to identify their gender identity or expression, state whether they identify as transgender, non-binary, or intersex, and provide their preferred pronouns.
Housing assignments based on gender identity
If enacted, the bill would require the Department of Corrections to assign inmates to facilities consistent with their stated gender identity, regardless of anatomy or the sex listed at birth. Non-binary inmates would be assigned based on their stated preference.
The legislation also allows inmates to update their gender identity or pronoun information at any time, prompting reassignment if necessary. The Commissioner of Corrections would be tasked with establishing procedures for such transfers.
Pronoun use required for all DOC personnel
The proposal mandates that all DOC staff, contractors, and volunteers refer to inmates using their preferred pronouns. Those who consistently fail to do so could face disciplinary action under rules set by the commissioner.
A shift from current DOC policy
Currently, the Department of Corrections reviews housing requests from transgender inmates on a case-by-case basis through a specialized committee that considers factors such as safety concerns, medical evaluations, criminal history, and facility conditions. Speight’s bill would replace that discretionary process with a clear statutory mandate.
The measure defines several key terms, including “gender identity,” “gender expression,” “intersex,” “non-binary,” and “transgender,” reflecting current standards used by correctional and civil rights agencies nationwide.
If passed, the act would take effect immediately upon signing.