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. 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 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.