As part of a civil settlement Tuesday, the New Jersey Department of Corrections will now make it customary for prisoners who identify as transgender, intersex or nonbinary to be assigned a prison stay in line with their gender identity — not with the sex they were assigned at birth (article available here).
Research has shown that transgender inmates face particular danger while in prison, but few states offer them protections like these. Connecticut and California passed laws in 2018 and 2020, respectively, that require transgender inmates to be assigned prisons based on their gender identity. Rhode Island, New York City and Massachusetts also have housed inmates based on their gender identity.
The new policy will require staff to use appropriate pronouns, and prohibits harassment and discrimination based on gender identity. As part of the settlement, all New Jersey state corrections officers, regardless of rank or facility, will have to sign and acknowledgement that they have read the policy. The agency also will provide targeted training on the changes.
The Department of Corrections also said it would guarantee gender-affirming undergarments, clothing, and other property for the inmates. Medical and mental health treatment, including gender-affirming care, also will be provided "as medically appropriate." Inmates who are transgender also will be given the opportunity to shower separately and won't have to go through a strip searches or pat downs by an officer of the opposite sex.