Evaluation
Upon initial reception/intake at NJDOC, as part of the PREA Risk Assessment, and through communication with NJDOC including but not limited to communication with Medical, Social Services, or Administration, incarcerated persons shall have the opportunity to inform the NJDOC that they are transgender, intersex, or non-binary. At any time during their incarceration, incarcerated persons may identify as transgender, intersex, or non-binary or otherwise provide information about their gender identity.
Diagnosis
Diagnosis of Gender Dysphoria not addressed or required for accommodation or transfer requests.
Medicalization
Medical/mental health treatment of transgender, intersex, and non-binary incarcerated persons, including but not limited to medically appropriate gender-affirming care, will be provided as medically necessary in accordance with procedures determined by the Department’s health care provider.
Requirements for Transfer to Women’s Facility
Once the NJDOC learns and confirms the gender identity of an incarcerated person using the procedures set forth in this document, it shall determine the incarcerated person’s facility and housing unit assignment, with a rebuttable presumption that the incarcerated person will be housed in line with their gender identity. The PAC may deviate from the presumptive placement only after an individualized, case-by-case determination that the placement would jeopardize the incarcerated person’s health and safety, and/or significantly impact the safety of others in the potential receiving facility. Any such determination shall be set forth in writing and shall state the reasons for the deviation.
Limits based on type of crime committed?
Criminal or institutional disciplinary history, which should be taken into consideration to evaluate likelihood of perpetrating sexual abuse, or other violence, either against the incarcerated person seeking to be housed in line with their gender identity, or by the individual against the potential receiving facility population wherein the individual would be housed in line with their gender identity.
Re-Evaluation required?
In keeping with PREA standard 115.42, the particular placement of a transgender, intersex, or non-binary incarcerated person shall be reassessed by the IPCM and supplemental staff as deemed appropriate by the facility Administrator, or the Administrator’s designee, at least twice each year.
Pronoun requirements?
If staff are using gender-specific pronouns, and/or honorifics (Mr., Ms., Mx. or any other used by the incarcerated person) to refer to an incarcerated person, they must use the pronouns and honorifics associated with that incarcerated person’s gender identity. Intentional and repeated misuse of gender pronouns or titles is prohibited.
Merging of “transgender” and intersex categories?
Yes
