LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY, No. 908
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: JUNE 18, 2024
SUMMARY
Synopsis: |
Requires AG to establish rape kit tracking system. |
Type of Impact: |
Annual State expenditure increase. |
Agencies Affected: |
Department of Law and Public Safety; County Prosecutors; State, County, and Municipal Law Enforcement Agencies. |
Office of Legislative Services Estimate |
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Fiscal Impact |
Annual |
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State Expenditure Increase |
Indeterminate |
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· The Office of Legislative Services (OLS) finds the bill establishes in law a Statewide sexual assault forensic evidence kit tracking system, and notes that a kit tracking system is currently being implemented pursuant to Attorney General Law Enforcement Directive No. 2023-1 and funded through a federal grant.
· The OLS estimates that there will be indeterminate annual costs following the implementation of the kit tracking system. The funding sources for the ongoing operation and maintenance of the tracking system are also indeterminate.
BILL DESCRIPTION
This bill requires the Attorney General to establish a Statewide sexual assault forensic evidence kit tracking system.
Under the bill, the Attorney General is required to issue guidelines or a directive establishing the system. The bill defines a “sexual assault forensic evidence kit tracking system” as an Internet-based system that allows a person, including a victim; a State, county, or municipal law enforcement officer; an employee of a healthcare facility or laboratory, as deemed appropriate by the Attorney General; and any other person, as deemed appropriate by the Attorney General, to track a sexual assault forensic evidence kit through the chain of custody from the time of collection at a healthcare facility to the transfer to a local law enforcement agency, submission to a laboratory, and final disposition.
FISCAL ANALYSIS
EXECUTIVE BRANCH
In response to FY 2025 OLS Discussion Points, the Department of Law and Public Safety provided information on the $2 million federal Sexual Assault Kit Initiative grant it received in November of 2023 to establish a sexual assault kit tracking system. The department outlined the approved budget allocations for the specific components of the $2 million grant. The department also discussed federal funds it has received since FY 2020 for sexual assault forensic evidence kits, and noted that no State funds were appropriated to supplement these federal grant funds.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds the bill establishes in law a Statewide sexual assault forensic evidence kit tracking system, and notes that a kit tracking system is currently being implemented pursuant to Attorney General Law Enforcement Directive No. 2023-1 and funded through a federal grant. The OLS estimates that there will be indeterminate annual costs following the implementation of the kit tracking system. The funding sources for the ongoing operation and maintenance of the tracking system are also indeterminate.
In March of 2023, the New Jersey Attorney General issued Directive No. 2023-1, which among other provisions contained requirements for a county based sexual assault forensic evidence kit tracking system to be established. This bill would somewhat codify the Attorney General’s directive; it does not exactly mirror the directive.
Since FY 2020, the Department of Law and Public Safety has received $5.8 million in federal funds to support the investigation and prosecution of cold case sexual assaults and funds toward a comprehensive approach to unsubmitted sexual assault forensic evidence kits.
New Jersey Sexual Assault Forensic Evidence Kit Related Federal Funds
(FY 2020 to FY 2023)*
YEAR |
AMOUNT |
Sexual Assault Forensic Evidence Kit Purpose Area |
FY2020 |
$ 918,058 |
Investigation and Prosecution of Cold Case Sexual Assaults |
FY2022 |
$1,500,000 |
Investigation and Prosecution of Cold Case Sexual Assaults |
FY2023 |
$2,000,000 |
Comprehensive Approach to Unsubmitted Sexual Assault Kits |
FY2023 |
$1,400,000 |
National Cold Case Initiative |
TOTAL |
$5,818,058 |
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*Sexual Assault Kit Initiative, Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice
In November of 2023, the Department of Law and Public Safety received a $2 million federal grant to establish a sexual assault kit tracking system. According to the award description for this National Sexual Assault Kit Initiative grant, which is funded by the United States Department of Justice’s Bureau of Justice Assistance, the $2 million in grant funding for New Jersey is to be used for developing and launching a statewide sexual assault kit tracking system. Specifically, “[t]his system will require all law enforcement agencies and forensic nurse examiner programs across the state to enter and track every Sexual Assault Forensic Evidence (SAFE) kit currently in their possession and all future kits turned over to them. The tracking system will provide every victim of sexual assault the ability to track the progress of their kit and case. Additionally, the new system will allow monitoring of kits from collection through processing to aid in better identification of delays in submission or analysis, as well as to improve collaboration with other tracking systems including CODIS [Combined DNA Index System] and VICAP [Violent Criminal Apprehension Program]. Funds will also be used to expand long-term storage capacity for SAFE kits.”
The OLS concurs with informal information from the Office of the Attorney General that there will be indeterminate staffing costs to establish a Statewide sexual assault forensic evidence kit tracking system, as well as costs for the ongoing operation and maintenance of the system. The OLS cannot predict federal grants that may be received for the kit tracking system in future fiscal years. As such, the funding sources for the ongoing operation and maintenance of the tracking system are also indeterminate at this time.
Section: |
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Analyst: |
Lead 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.).