TRENTON, NJ – A new bill introduced in the New Jersey Legislature would mandate that transgender and non-binary inmates be housed in state correctional facilities according to their gender identity or expression, while also requiring Department of Corrections staff to use each inmate’s preferred gender pronoun.
Assembly Bill 1975, sponsored by Assemblywomen Shanique Speight (D–Essex/Hudson), Verlina Reynolds-Jackson (D–Hunterdon/Mercer), and Jessica Ramirez (D–Hudson), was pre-filed for introduction in the 2024–2025 session. The legislation seeks to formalize policies for how the Department of Corrections (DOC) classifies and houses inmates based on gender identity rather than biological sex.
Under the proposal, DOC staff would ask each inmate during intake to identify their gender identity or expression—male, female, or non-binary—as well as whether they identify as transgender, non-binary, or intersex, and what pronouns they prefer. Inmates who choose not to answer would not face disciplinary action.
The bill would require the DOC to place inmates in facilities consistent with their gender identity or expression, regardless of anatomy or the sex assigned at birth. Non-binary inmates could choose their facility based on personal preference. Inmates would also be able to update their gender identity or pronoun information at any time, triggering a review for potential reassignment.
Additionally, DOC employees, contractors, and volunteers would be required to refer to inmates using their stated pronouns. Staff who repeatedly fail to do so could face discipline under newly established departmental regulations.
Currently, New Jersey considers housing requests from transgender inmates on a case-by-case basis, reviewing medical evaluations, safety risks, and institutional factors before deciding on placement. Assembly Bill 1975 would standardize the process statewide, making gender identity the determining factor by law.
The bill directs the Commissioner of Corrections, in consultation with the Commissioner of Human Services, to adopt formal rules and procedures to implement the new policy immediately upon enactment.