LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
ASSEMBLY, No. 3117
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: MARCH 2, 2023
SUMMARY
Synopsis: |
Clarifies juvenile’s right to attorney representation; requires 12-month judicial review hearing when juvenile is placed out-of-home. |
Type of Impact: |
Annual State expenditure increase. |
Agencies Affected: |
The Judiciary; Office of the Public Defender. |
Office of Legislative Services Estimate |
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Fiscal Impact |
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Annual State Expenditure Increase |
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Indeterminate |
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· The Office of Legislative Services (OLS) finds that this bill will result in indeterminate annual State expenditure increases due to the requirements concerning attorney representation for juveniles and out-of-home placement in juvenile delinquency cases.
· More specifically, the implementation of the bill’s provisions will result in an indeterminate expenditure increase for the Judiciary and the Office of the Public Defender due to increased workload. Under this bill, the Office of the Public Defender will have to provide increased attorney representation to juveniles, which may require additional time and resources of the office. The bill further requires that the court conduct a placement review no later than 12 months after entry of the dispositional order and may conduct a formal hearing if so requested by the juvenile or ordered by the court. This will result in increased bench time and workload of the Judiciary. The OLS does not have any further information to quantify the exact fiscal impact of this bill.
BILL DESCRIPTION
Under current law, a juvenile has a right to an attorney at every critical stage of a court proceeding in a delinquency case. This bill clarifies that a juvenile has a right to an attorney during every court appearance by the juvenile, including all post dispositional appearances; and any interrogation, identification procedure, or other investigative activity undertaken by law enforcement or prosecutorial personnel subsequent to the filing of the complaint.
In addition, the bill establishes that when a court requires out-of-home placement of a child in a delinquency case, the court shall conduct a placement review no later than 12 months after entry of the dispositional order and may conduct a formal hearing if so requested by the juvenile or ordered by the court. Under current law, there is no court oversight of out-of-home placements in juvenile delinquency cases unless a specific request is made of the court.
The bill provides that during the review, the court is to review the treatment, care, and custody status of the juvenile, including the mental health, substance abuse, educational, and other rehabilitative services provided to promote the juvenile’s successful reintegration into the community; and determine whether the placement continues to be consistent with the factors weighed in determining the original disposition of the juvenile. The bill further provides that the court may conduct subsequent placement reviews every 12 months throughout the duration of any out-of-home placement ordered by the court if so requested by the juvenile.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS estimates the implementation of the bill’s provisions will result in an indeterminate annual expenditure increase for the State. Under current law, a juvenile has a right to an attorney at every critical stage of a court proceeding in a delinquency case. This bill clarifies and defines “critical stage of a court proceeding” as every court appearance by the juvenile, including all post dispositional appearances; and any interrogation, identification procedure, or other investigative activity involving the juvenile taken by law enforcement or prosecutorial personnel subsequent to the filing of the complaint. The OLS finds that this may result in increased workload for the Office of the Public Defender to provide attorney services to juveniles during the critical stages of court proceedings enumerated above. However, the OLS does not have sufficient information to quantify the fiscal impact due to the increased workload of the office.
The bill requires that the court conduct a placement
review no later than 12 months after entry of the dispositional order and may
conduct a formal hearing if so requested by the juvenile or ordered by the
court. According to data made available on the Rutgers University School of
Social Work website, 1,568 children entered out-of-home placement in calendar
year 2021. The OLS finds that the placement review provision may require significant
bench time of the courts. Further, the courts are required to review the
treatment, care, and custody status of the juvenile, including the mental
health, substance abuse, educational, and other rehabilitative services
provided to promote the juvenile’s successful reintegration into the community,
which will require additional time and resources of the courts. The bill also
provides that subsequent placement reviews may be conducted by the court at
least once every 12 months during the duration of any out-of-home placement if
so requested by the juvenile. The OLS does not have any further information on
how many juveniles are placed out-of-home for longer than a 12-month period.
Section: |
Judiciary |
Analyst: |
Senior Fiscal Analyst |
Approved: |
Thomas Koenig Legislative Budget and Finance Officer |
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).