LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
SENATE, No. 3006
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: FEBRUARY 10, 2023
SUMMARY
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Synopsis: |
Increases penalties for repeat convictions of certain motor vehicle related crimes; increases penalties for leader of auto theft trafficking network in certain circumstances. |
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Type of Impact: |
Annual State expenditure and revenue increases. |
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Agencies Affected: |
Department of Corrections, State Parole Board, Department of Law and Public Safety, the Judiciary, Office of the Public Defender. |
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Office of Legislative Services Estimate |
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Fiscal Impact |
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Annual |
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State Cost Increase |
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Indeterminate |
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State Revenue Increase |
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Indeterminate |
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· The Office of Legislative Services (OLS) projects that this bill will result in annual State expenditure and revenue increases. The following State agencies would incur caseload and expenditure increases: i) the Department of Corrections would have to house more inmates for longer terms of imprisonment and the State Parole Board would have to supervise their return to society; ii) the Department of Law and Public Safety would have to prosecute additional cases if the increased penalties create a reluctance on the part of a defendant to enter a guilty plea; iii) the Judiciary would have to adjudicate additional cases; and iv) the Office of the Public Defender would have to represent additional low-income criminal defendants.
· The OLS does not have sufficient information on the potential increases in number of convictions and terms of imprisonment resulting from the bill’s provisions and therefore is unable to estimate the costs to the State.
· The bill would upgrade the crime of leader of an auto theft trafficking network from a second degree crime to a crime of the first degree and provides for an enhanced fine of up to $500,000 for engaging a person 17 years of age or younger in the network. Generally, a crime of the first degree is punishable by a term of imprisonment of 10 to 20 years and a fine of up to $200,000. The OLS notes the State may receive indeterminate revenue from regular and enhanced fines imposed on individuals convicted of the crimes under this bill. However, the State’s ability to collect criminal fines and penalties has historically been limited.
BILL DESCRIPTION
This bill would increase penalties for several different crimes associated with motor vehicle thefts. Specifically, the bill addresses repeat adult offenders and leaders of auto theft trafficking networks whose networks engage persons 17 years of age or younger.
The bill provides for an extended term of imprisonment if moved for by the prosecuting attorney for certain third degree auto thefts. Further, the bill includes receiving stolen property that is a motor vehicle on the list of crimes for which certain convicted repeat offenders will be subject to a presumption of imprisonment and possibly an extended term of imprisonment. The bill also upgrades the crime of leader of an auto theft trafficking network from a crime of the second degree to a crime of the first degree if the leader includes a person 17 years of age or younger in the network.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS projects that this bill will result in annual State expenditure and revenue increases. The following State agencies would incur caseload and expenditure increases: i) the Department of Corrections would have to house more inmates for longer terms of imprisonment and the State Parole Board would have to supervise their return to society; ii) the Department of Law and Public Safety would have to prosecute additional cases if the increased penalties create a reluctance on the part of a defendant to enter a guilty plea; iii) the Judiciary would have to adjudicate additional cases; and iv) the Office of the Public Defender would have to represent additional low-income criminal defendants.
Crime data made available on the official State website indicates that there were 10,279 motor vehicle thefts in 2020 and 4,962 motor vehicle thefts for the period January through June in 2021. However, the OLS does not have a breakdown on the sentencing of these offenders to ascertain how many are or are likely to be incarcerated in State prisons. According to statistics made available on the Department of Corrections website, as of January 2022, of the 12,492 inmates in State facilities, 526, or four percent, were incarcerated for “property offenses,” which include burglary, arson, theft, forgery, embezzlement, and receiving or possessing stolen property. The data does not provide a breakdown by the number of motor vehicle thefts or number of offenders receiving stolen vehicles.
The OLS does not have sufficient information on the potential increases in number of convictions and terms of imprisonment resulting from the bill’s provisions and therefore is unable to estimate the costs to the State. Any increase in incarceration will result in increased costs to the Department of Corrections for housing inmates. In an informal estimate previously provided by the department, the average annual cost of housing an inmate in a State correctional facility was $55,389 with a daily cost of $151.75. The cost was based on FY 2021 actual expenditures and is an average of all facilities, not including the Special Treatment Unit at the Adult Diagnostic and Treatment Center that houses civilly committed residents. Any increase in incarceration under the bill also would result in increased costs to the State Parole Board to supervise the return to society of additional convicted persons.
The bill would upgrade the crime of leader of an auto theft trafficking network from a second degree crime to a crime of the first degree and provides for an enhanced fine of up to $500,000 for engaging a person 17 years of age or younger in the network. A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. A first degree crime is punishable by a term of imprisonment of 10 to 20 years, and while a fine of up to $200,000 may generally be imposed for this degree of crime in addition to or instead of imprisonment, the bill provides for an enhanced fine of up to $500,000 or five times the retail value of the motor vehicles seized at the time of arrest, whichever amount is greater. The upgraded crime may result in longer prison terms and therefore additional costs to the State.
The OLS notes the State may receive indeterminate revenue from regular and enhanced fines imposed on individuals convicted of the crimes under this bill. However, the State’s ability to collect criminal fines and penalties has historically been limited.
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Section: |
Judiciary |
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Analyst: |
Associate Fiscal Analyst |
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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.).