LEGISLATIVE FISCAL ESTIMATE

[First Reprint]

ASSEMBLY, No. 2845

STATE OF NEW JERSEY

221st LEGISLATURE

 

DATED: DECEMBER 26, 2024

 

 

SUMMARY

 

Synopsis:

Authorizes funding to protect safety of cooperating witnesses; expands Crime Victim's Bill of Rights to provide these witnesses with certain guarantees.

Type of Impact:

Annual State expenditure increases.

Agencies Affected:

Department of Law and Public Safety; County Prosecutors; Administrative Office of the Courts; Superior and municipal courts.

 

Office of Legislative Services Estimate

Annual Fiscal Impact

 

 

State Expenditure Increase

Up to $1,000,000

 

 

 

 

·         The Office of Legislative Services (OLS) finds that the bill may result in additional annual State expenditures of up to $1 million from the Victim and Witness Advocacy Fund to provide additional services and to ensure existing services are provided to victims and witnesses of crimes.  The OLS, however, cannot assess the exact magnitude of the increases given the confidential nature of the information regarding the cooperating witnesses, and bases the estimate on historical account information.

 

·         The bill clarifies, and potentially expands, the Victim and Witness Advocacy Fund award reimbursements to include certain services a cooperating witness to a crime may receive and includes reimbursements to certain organizations providing services, and therefore potentially increases payments related to caring for and protecting witnesses of crime.

 

 

BILL DESCRIPTION

 

      This bill specifically authorizes the Victims of Crime Compensation Office to pay expenses related to protecting the safety of certain witnesses.  

      The bill clarifies that the office may provide expenses related to protecting the safety of a victim in addition to those of certain witnesses and provide that office may provide funding for violence intervention services.

      The bill also authorizes the Division of Criminal Justice in the Department of Law and Public Safety to award grants from the Victim and Witness Advocacy Fund to service providers and county-based programs throughout the State which serve victims of violence, including but not limited to, those which provides culturally and population specific services to victims of domestic violence, sexual violence, community violence, or human trafficking.

      This bill provides that prosecutors and law enforcement agencies are required to take appropriate steps to protect victims and witnesses from harm and threats arising from their cooperation, including before, during, and after trial.

      Finally, the bill amends the Crime Victim’s Bill of Rights to expand the rights of cooperating witnesses. The bill gives these witnesses the right to be provided assistance before and during a trial to cope with the psychological and practical obstacles of testifying. These witnesses also would be given the right to receive protective measures before, during, and after a hearing or trial and to have established court procedures ensuring their safety while testifying.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that the bill may result in additional annual State expenditures of up to $1 million from the Victim and Witness Advocacy Fund to provide additional services and to ensure existing services are provided to victims and witnesses of crimes.  The OLS, however, cannot assess the exact magnitude of the increases given the confidential nature of the information regarding the cooperating witnesses, and bases the estimate on historical account information.

      The bill clarifies, and potentially expands, the Victim and Witness Advocacy Fund award reimbursements to include certain services a cooperating witness to a crime may receive and includes reimbursements to certain organizations providing services, and therefore potentially increases payments related to caring for and protecting witnesses of crime.

      The Victim and Witness Advocacy Fund receives its resources from assessments levied on certain criminal offenders at sentencing.  Additionally, in FY 2022 a $500,000 State appropriation began to supplement the resources in the fund.  Annual budget authority provides that unexpended account balances may be carried forward to the following year.  The account balances support the State Office of Victim Witness Advocacy in the Division of Criminal Justice and county prosecutor’s offices of victim witness advocacy.  Fund resources are to be used to provide services to victims and witnesses of crimes and cover related administrative costs.  Between FY 2018 and FY 2024, the average annual expenditure from the fund to-date is $685,662.52.

Victims and Witness Advocacy Fund

Fiscal Year

Budget Authority

Expenditures

FY 2024

$1,690,603

$536,621

FY 2023

$1,435,279

$614,550

FY 2022

$852,954

$301,824

FY 2021

$850,000

$418,411

FY 2020

$889,699

$812,920

FY 2019

$1,572,919

$752,594

FY 2018

$2,080,179

$1,362,713

 

      The bill may additionally increase the administrative workload of the Victims of Crime Compensation Office and of county prosecutors related to additional reimbursement and services provided for certain witnesses.  Additionally, the Administrative Office of the Courts, superior courts, and municipal courts may also experience an administrative workload increase related to the requirement for the courts to establish procedures and institute safety measures for witnesses if these measures are not currently in place.  The OLS finds these potential administrative costs to be indeterminate, but notes that the Victim and Witness Advocacy Fund may be utilized for administrative costs.

 

 

Section:

Law and Public Safety

Analyst:

Kristin Brunner Santos

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.).