Requires DOC to assign transgender inmate to State correctional facility based on inmate's gender identity and use inmate's preferred gender pronoun.

A4284

ASSEMBLY, No. 4284

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Requires DOC to assign transgender inmate to State
correctional facility based on inmate�s gender identity and use inmate�s
preferred gender pronoun.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning
the confinement of transgender
inmates in State correctional facilities and supplementing Title 30 of the
Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� During initial
classification, Department of Corrections staff shall ask each inmate:

���� (1)�� to identify the inmate�s
gender identity or expression as male, female, or non-binary;

���� (2)�� whether the inmate
identifies as transgender, non-binary, or intersex; and

���� (3)�� the individual�s
preferred gender pronoun.

���� An inmate who refuses to
answer these questions shall not be disciplined.

���� b.��� Each inmate shall be
assigned to a State correctional facility based on the inmate�s gender identity
or expression, regardless of the gender that the individual was assigned at
birth or the inmate�s anatomical characteristics.� An inmate who is non-binary
shall be assigned to a facility based on the inmate�s stated preference.

���� c.���� An inmate may, at any
time,
inform a
Department of
Corrections staff member
of the
inmate�s gender identity or expression and preferred gender pronoun.� The
Department of Corrections staff member shall follow procedures to be
established by the Commissioner of Corrections for ensuring that the inmate is
assigned, or reassigned if necessary, to a State correctional facility in
accordance with subsection b. of this section.�

���� As used in this section:

���� �Gender expression� means a
person�s gender-related appearance and behavior.

���� �Gender identity� means a
person�s internal, deeply held knowledge of their own gender, regardless of the
gender the person was assigned at birth.

���� �Intersex� means a person
whose biological sex characteristics may not fit within the medical definitions
of male and female and may include, but shall not be limited to, internal
reproductive organs, external genitalia, and sex chromosomes.

���� �Non-binary� refers to a
person whose gender is not exclusively male or female and may include those
with more than one gender or with no gender.

���� �Transgender� refers to a
person whose gender identity or gender expression differs from societal
expectations associated with the gender the person was assigned at birth.

���� 2.��� Department of
Corrections staff members, volunteers, and contractors shall refer to an inmate
using the inmate�s preferred gender pronoun.� A staff member, volunteer, or
contractor who consistently fails to use the inmate�s preferred gender pronoun
shall be subject to discipline in accordance with relevant rules and
regulations established pursuant to section 3 of P.L.�� , c. (C. )
(pending before the Legislature as this bill).

���� 3.��� The Commissioner of
Corrections, in consultation with the Commissioner of Human Services, shall
promulgate rules and regulations, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to
effectuate the purposes of this act.

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires the
Department of Corrections (DOC) to assign transgender inmates to a State
correctional facility based on the inmate�s gender identity or expression and
refer to an inmate using the inmate�s preferred gender pronoun.

���� This bill requires DOC staff,
during initial classification, to ask each inmate: to identify the inmate�s
gender identity or expression as male, female, or non-binary; whether the
inmate identifies as transgender, non-binary, or intersex; and the individual�s
preferred gender pronoun.� An inmate who refuses to answer these questions is
not to be disciplined.� This bill requires DOC staff members, volunteers, and
contractors to refer to an inmate using the inmate�s preferred gender pronoun.�
A staff member, volunteer, or contractor who consistently fails to use the
inmate�s preferred gender pronoun shall be subject to discipline in accordance
with relevant rules and regulations established under the bill.

���� Under current law, the
Department of Corrections (DOC) considers gender identity-based housing requests
on a case by case basis.� Each request is reviewed by a committee, which
considers a number of factors including, but not limited to: medical and mental
health evaluations that address an inmate�s transgender, intersex, or gender
dysphoric status along with a recommendation for suitability to house the
inmate in a male correctional facility, female correctional facility, or both
types of correctional facilities; the needs expressed by the inmate, including
the inmate�s own views with respect to safety and the inmate�s expressed gender
identity; security threat level information; the assigned custody level; maximum
expiration date and parole eligibility dates; prosecutor notification
requirements; the inmate�s criminal history, disciplinary history, and likelihood
of perpetrating abuse; types of facilities and location; inmate population; staffing
issues; physical plant issues; programming requirements and availability; sentencing
and other legal requirements; institutional adjustment; and any other relevant
factors.� Once the gender identity transfer request has been reviewed, the committee
will make a recommendation regarding gender identity based housing.� The correctional
facility institutional classification committee will consider the
recommendation when determining the inmate�s housing assignment.

���� This bill provides that an inmate
who identifies as transgender is required to be assigned to a State
correctional facility based on the inmate�s gender identity or expression,
regardless of the gender that the individual was assigned at birth or the
inmate�s anatomical characteristics.� An inmate who is non-binary is to be
assigned to a facility based on the inmate�s stated preference.�

���� Under the bill, �gender
expression� means a person�s gender-related appearance and behavior; �gender
identity� means a person�s internal, deeply held knowledge of their own gender,
regardless of the gender the person was assigned at birth; �intersex� means a
person whose biological sex characteristics may not fit within the medical
definitions of male and female and may include, but shall not be limited to,
internal reproductive organs, external genitalia, and sex chromosomes;
�non-binary� refers to a person whose gender is not exclusively male or female
and may include those with more than one gender or with no gender; and
�transgender� refers to a person whose gender identity or gender expression
differs from societal expectations associated with the gender the person was
assigned at birth.