NJDOC Policies and Procedures Regarding Transgender, Intersex and Non-Binary Inmates

Ellie Lightfoot filed this request with the State of New Jersey Department of Corrections of New Jersey.

It is a clone of this request.



From: Ellie Lightfoot

To Whom It May Concern:

Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:

* NJ Department of Corrections policies and procedures regarding transgender, intersex and non-binary inmates, revised in October 2023.
* All correspondence among NJDOC employees regarding revision of Internal Management Procedure PCS.001.TGI.01.
* All correspondence between DOC Administrator Alfred Kandell Jr and colleagues at the NJDOC, including emails, voicemails, and text messages sent and received on official county devices and accounts, as well those received on private electronic devices, during the period of June 2022 - March 2023. Keywords include: "Transgender," "Demi Minor," "Demi," "Trans."

I am submitting this request as part of news gathering in my capacity as a journalist at WNYC.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.


Ellie Lightfoot

From: State of New Jersey Department of Corrections

Dear Requester,

The requested policy is attached.

The Department cannot fulfill the remainder of your request pursuant to MAG Entertainment LLC v. Division of Alcohol Beverage Control, 375 N.J. Super. 534 (App. Div. 2005). In addition, the Court in MAG a stated, “OPRA is not intended as a research tool litigants may use to force government officials to identify and siphon useful information. Under OPRA, agencies are required to disclose only identifiable government records not other wise exempt. In short, OPRA does not countenance open-ended searches of an agency’s files.”

You have a right to challenge the decision by the Department of Corrections. At your option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint in writing with the Government Records Council (GRC). You may contact the GRC by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ 08625, by e-mail at Government.Records@dca.nj.gov<mailto:Government.Records@dca.nj.gov> or at their web site at www.state.nj.us/grc<http://www.state.nj.us/grc>. The Council can also answer other questions about the law.

Thank you
John Falvey
NJDOC Records Custodian