LEGISLATIVE FISCAL ESTIMATE

[Second Reprint]

ASSEMBLY, No. 3732

STATE OF NEW JERSEY

221st LEGISLATURE

 

DATED: MARCH 27, 2025

 

 

SUMMARY

 

Synopsis:

Establishes third degree crime for certain trespasses involving victim of domestic violence.

Type of Impact:

Annual State expenditure and revenue increases; annual local expenditure increase.

Agencies Affected:

Department of Law and Public Safety; County Prosecutors; the Judiciary; Office of the Public Defender; Department of Corrections; State Parole Board. 

 

 

Office of Legislative Services Estimate

Fiscal Impact

 

Annual 

 

 

State Expenditure Increase

 

Indeterminate

 

 

State Revenue Increase

 

Indeterminate

 

 

Local Cost Increase

 

Indeterminate

 

 

 

 

 

·         The Office of Legislative Services (OLS) concludes that establishing a new crime of the third degree for trespasses involving a victim of domestic violence may result in an indeterminate annual increase in State and local expenditures. The OLS lacks sufficient information to quantify the fiscal impact, as it is not possible to know how many individuals will be prosecuted, tried, and sentenced for crimes under the bill.       

·         The following State and local agencies would incur caseload and expenditure increases: a) the Department of Law and Public Safety may have to provide guidance and other information related to the bill’s provisions; b) county prosecutors would have to prosecute additional cases; c) the Judiciary would have to adjudicate additional cases; d) the Office of the Public Defender may have to represent additional low-income criminal defendants; e) the Department of Corrections would have to house more inmates; and f) the State Parole Board would have to supervise the return to society of additional convicts.  Furthermore, this bill removes the presumption of non-incarceration for first time offenders of this new crime of the third degree.

·         The OLS notes that the State may receive indeterminate revenues from fines imposed on individuals convicted of these crimes; however, the State’s ability to collect fines has historically been limited.

 

BILL DESCRIPTION

 

     The bill provides that a person commits residential burglary as a crime of the third degree if, intending to cause injury or intending to commit a crime, the person enters the dwelling of a victim of domestic violence who is protected by a final restraining order issued in accordance with the “Prevention of Domestic Violence Act of 1991” against the actor.  Moreover, and as amended, the bill creates a presumption that the actor did intend to cause injury or to commit a crime if a final restraining order is in place, or if the actor has been convicted of or charged with a crime or offense arising from a domestic violence incident involving the victim.  Finally, the bill provides that no presumption of nonincarceration shall apply to persons convicted of such crime. 

      A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. 

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that the bill will result in an indeterminate increase in annual State and local expenditures.  The OLS lacks sufficient information to quantify the fiscal impact, as it is not possible to know how many individuals will be prosecuted, tried, and sentenced for crimes under the bill.        

      The bill’s establishment of a new crime of the third degree would result in the following State and local agencies incurring caseload and expenditure increases: a) the Department of Law and Public Safety may have to provide guidance and other information related to the bill’s provisions; b) county prosecutors would have to prosecute additional cases; c) the Judiciary would have to adjudicate additional cases; d) the Office of the Public Defender may have to represent additional low-income criminal defendants; e) the Department of Corrections would have to house more inmates; and f) the State Parole Board would have to supervise the return to society of additional convicts.  Furthermore, this bill removes the presumption of non-incarceration for first time offenders of this new crime of the third degree.

      The OLS notes that to the extent the bill results in additional incarcerations, the Department of Corrections would incur those costs.  Based on information provided by the department, the FY 2023 average annual cost for housing, ensuring security, and providing services to an incarcerated individual was $75,254, with an average marginal cost of housing one additional incarcerated person, accounting for food, clothes and wages, of $207. 

      The State may receive indeterminate revenues from fines imposed; however, the State’s ability to collect fines has historically been limited. 

 

Section:

Judiciary

Analyst:

Anuja Pande Joshi

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.).