S.G. v. New Jersey Department of Corrections

CourtNew Jersey Superior Court Appellate Division
DecidedMarch 4, 2026
DocketA-2123-23
StatusPublished

This text of S.G. v. New Jersey Department of Corrections (S.G. v. New Jersey Department of Corrections) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.G. v. New Jersey Department of Corrections, (N.J. Ct. App. 2026).

Opinion

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2123-23

S.G.,1 APPROVED FOR PUBLICATION Appellant, March 4, 2026 APPELLATE DIVISION v.

NEW JERSEY DEPARTMENT OF CORRECTIONS,

Respondent. ___________________________

Argued January 21, 2026 – Decided March 4, 2026

Before Judges Sumners,2 Susswein, and Chase.

On appeal from the New Jersey Department of Corrections.

Ruth O'Herron argued the cause for appellant (Gibbons PC and Jennifer N. Sellitti, Public Defender, attorneys; Michael R. Noveck, of counsel and on the briefs).

Justine Longa, Deputy Attorney General, argued the cause for respondent (Jennifer Davenport, Acting

1 Records relating to civil commitment proceedings are confidential, thus we refer to S.G. by initials to comply with our Court Rules. R. 1:38-3(f)(2). 2 Judge Sumners was added to the panel after oral argument with the consent of all counsel. Attorney General, attorney; Janet Greenberg Cohen, Assistant Attorney General, of counsel; Andrew D. Spevak, Deputy Attorney General, on the brief).

The opinion of the court was delivered by

CHASE, J.A.D.

Resident, S.G., who identifies as female, is civilly committed to the

Special Treatment Unit ("STU") under the Sexually Violent Predator Act

("SVPA"), N.J.S.A. 30:4-27.24 to -27.38.3 She appeals from the Department

of Correction's ("DOC") January 4, 2024 final agency decision denying her

request to transfer from the STU to a women's-only correctional facility.

S.G. alleges discrimination, invoking both the Law Against

Discrimination ("LAD"), N.J.S.A. 10:5-1 to 14.1, and the Equal Protection

Clause. She asserts gender-based indignities, claims to have suffered

harassment, and argues the DOC failed in its duty to protect her dignity and

identity.

Careful review of the record, in light of the legislative intent and

established principles, yields the following: The DOC is bound by law to

house sexually violent predators separately from inmates serving criminal

sentences and designates the STU as the sole treatment facility for all

3 Individuals who are committed to the STU are referred to as residents.

A-2123-23 2 adjudicated SVPs. This classification is not arbitrary, capricious, or

unreasonable. It serves the statutory purpose—protection of society and

provision of treatment.

The LAD prohibits exclusion and indignity yet does not compel sex-

segregated facilities for civilly committed persons. The Equal Protection

Clause is not offended where legitimate, nondiscriminatory reasons govern

placement. The record shows S.G. is not denied equal dignity, nor uniquely

burdened on account of her gender identity. Thus, we affirm the DOC final

agency decision.

I.

In December 2010, S.G. sexually assaulted a four-year-old girl. In 2011,

S.G. pled guilty to aggravated sexual assault of a minor and was sentenced to

ten years' imprisonment, Megan's Law registration, and parole supervision for

life. After serving her sentence at the Adult Diagnostic and Treatment Center

("ADTC"), the court civilly committed her to the STU in 2019.

Since S.G. has been a resident at the STU, she has consistently identified

as a woman, expressed a desire to transition, and presented accordingly.

A-2123-23 3 Medical professionals diagnosed her with gender dysphoria 4 and prescribed

hormone therapy, in addition to off-site treatment.

The SVPA requires the DOC to operate a "secure facility" in which

persons who are civilly committed under the Act "shall be housed and

managed separately . . . and segregated" from "offenders" who are

incarcerated. N.J.S.A. 30:4-27.34(a). The SVPA assigns to the Department of

Health ("DOH"), the primary responsibility for the treatment of SVP's while

the DOC operates the STU. See N.J.A.C. 10A:35-1.1; 50 N.J.R. 1517(a).

At the STU, residents can be placed in either of two housing areas

known as "Main" and "Annex." The core difference between the two is that

"Main" residents are assigned individual rooms, while in the "Annex" they are

housed for the most part in a dormitory setting (excluding certain residents

with medical needs).

Upon her arrival at the STU, S.G. was placed into the Main North Unit.

On Main North, S.G. has her own room, with access to single occupancy

showers, all the programming available to STU residents, as well as the ability

to purchase any personal items, including any healthcare items. Like most

4 See Sacklow v. Betts, 450 N.J. Super. 425, 431 n.3 (Ch. Div. 2017) ("According to the American Psychiatric Association, gender dysphoria 'involves a conflict between a person's physical or assigned gender and the gender with which he/she/they identify.'").

A-2123-23 4 other residents on Main, she can freely move between and access the common

spaces and treatment rooms within Main.

In July 2023, S.G. indicated to her treatment provider that her attorney

was going to apply for her transfer to the female-only Edna Mahan

Correctional Facility. During this time, the DOC and DOH had drafted, but

not finalized, a Joint Transgender Policy to "create inter agency policy,

procedure, and guidance to provide best practices for mental health, medical

needs, and care and custody for STU Residents who identify as transgender." 5

Upon learning of S.G.'s pending transfer request, the STU Clinical

Director, Doreen Stanzione, Ed.D., scheduled a meeting with S.G. and a DOH

treatment team to provide a housing recommendation to DOC in the spirit of

honoring the draft Transgender Housing Policy. Multiple meetings with S.G.

occurred over the next couple of weeks. In those meetings, S.G. claimed to

have been subject to gender-based discrimination and mistreatment by staff

and other residents.

At the conclusion of those meetings, Dr. Stanzione drafted a DOH

Transgender Housing Committee Statement which stated that S.G. identified

four reasons underlying her transfer request: (1) a resident previously

"pushing up" on her for sexual favors; (2) inappropriate comments from

5 At oral argument, we were informed that the policy is still in draft form.

A-2123-23 5 residents; (3) stolen and damaged undergarments from the laundry department;

and (4) anticipated increasing risk with her anticipated gender-affirming

surgery.

The statement also detailed that S.G. and treatment staff agreed that

while there was an absence of "off-site" options for STU residents, her current

housing arrangement was appropriate. It also stated that the assessment team

found that they believed that her risk of recidivating would not be negatively

impacted by an off-site placement. The treatment and assessment teams

recommended that she remain in her current housing with the caveat that "off -

site" or separate housing should be made available as S.G. continued to

develop secondary feminine sex characteristics.

Additionally, Dr. Stanzione indicated that the DOH and DOC had begun

working on installing cameras in the laundry area and addressed the

appropriate standards for laundry work with the current laundry worker. Dr.

Stanzione also documented that she had relayed S.G.'s concerns regarding

other resident's inappropriate behavior to the DOC Special Investigations

Division ("SID").

In November, S.G.

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