NJ Might Stop Using The Word 'Inmate' In Effort To Remove Its Stigma

NEW JERSEY — In an effort to remove the stigma surrounding people in the prison system, New Jersey lawmakers may replace the word "inmate."

The NJ Law Revision Commission has begun accepting public comment until May 16 for words to replace "inmate," such as "person-first" or "person who's incarcerated."

This issue was discussed at the commission's meeting on March 17, according to NJ 101.5, after the idea was pitched during a February meeting.

Gov. Andrew Cuomo in New York signed a similar law in August of 2021 replacing the word "inmate" with "incarcerated individual" or "incarcerated individuals."

New York's State Senate justified this shift in terminology, explaining that terms such as "felon, inmate, prison, offender and convict have long been noted by many impacted by the criminal legal system as dehumanizing and degrading ..."

The Senate further explained that these terms can have a negative impact on individuals' employment, housing and other communal opportunities. Terms like "incarcerated individual" recognize the humanity of people, the New York Senate wrote.

According to the NJ Law Revision Commission, the word "inmate" is currently used 1,310 times in state statutes that span 16 titles. But there is no uniform definition for the term.

One definition describes an inmate as "a male or female offender who is committed, under sentence to or confined in a penal or correctional institution" or anyone who has been sentenced by a court to a term of incarceration. At the same time, however, not every individual who is incarcerated has been adjudicated and sentenced to a term of imprisonment.

A 2015 survey conducted by the Marshall Project, found that 38 percent of people preferred the term "incarcerated person," 23 percent liked “prisoner” and nearly 10 percent supported use of the word inmate. Thirty percent selected “other” — including “person in prison,” “man or woman” and “the person’s name.” The survey received over 200 responses.

After the public comment period ends in May, the NJ Law Revision Commission will submit a report to Legislature, suggesting revisions to the term.

The full project summary can be viewed on the Commission's website.