LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY, No. 4176
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: FEBRUARY 4, 2025
SUMMARY
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Synopsis: |
Upgrades certain types of assault against sports officials to aggravated assault. |
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Type of Impact: |
Annual State expenditure and revenue increases. Annual local expenditure decreases and increases. Annual local revenue decreases. |
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Agencies Affected: |
The Judiciary; Department of Law and Public Safety; Department of Corrections; State Parole Board; Office of the Public Defender; Counties; Municipalities. |
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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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Local Cost Net Decrease |
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Indeterminate |
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Local Revenue Decrease |
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Indeterminate |
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· The Office of Legislative Services (OLS) concludes that upgrading simple assault committed against sports officials to aggravated assault will result in an indeterminate annual increase in State expenditures and revenues. The OLS lacks sufficient information to quantify the fiscal impact, as it is not possible to estimate the number of crimes likely to be committed under the provisions of this bill.
· The OLS finds that the following State and local agencies may incur caseload and expenditure increases: a) county prosecutors may have to prosecute additional cases; b) the Judiciary may have to adjudicate additional complaints and monitor additional probationers; c) the Office of the Public Defender may have to represent additional low-income criminal defendants; d) the Department of Corrections may have to house and care for repeat offenders; and e) the State Parole Board may have to supervise the return to society of additional offenders.
· The OLS notes that the State may receive indeterminate revenue from fines imposed on individuals convicted of these crimes; however, the State’s ability to collect fines has historically been limited.
· Annual local expenditures and revenues are likely to decrease from the upgrade in crime from a disorderly persons offense to a crime of the fourth or third degree. Disorderly persons offenses are adjudicated in municipal courts and defendants are sentenced to county jails. Given the upgrade in crime, defendants would now be sentenced to State prisons, moving the cost of incarceration from counties to the State.
· However, as noted above, county prosecutors may incur additional costs to prosecute additional cases from the upgrade in crime.
· Annual municipal revenue would likely decrease due to a decrease in court filing fees and penalties that typically enter the municipal court system from disorderly persons cases.
BILL DESCRIPTION
This bill would upgrade any simple assault committed against a sports official for a school- or community-sponsored youth sports event from a disorderly persons offense to aggravated assault.
A disorderly persons offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both. Aggravated assault is a crime of the fourth degree if the person suffered no bodily injury, and a crime of the third degree if bodily injury occurred. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.
Under the bill, a person commits aggravated assault if the person is clearly identifiable as being engaged in the performance of the duties of a sports official or because of the person’s status as a sports official. The bill defines “sports official” as any person who serves as a referee, umpire, timer, scorer, coach, athletic trainer, manager, or assistant for a school- or community-sponsored youth sports event, or serves in a similar capacity but may be known by a different title, whether the person is compensated or a volunteer.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that upgrading criminal penalties for assault committed against a sports official will result in an indeterminate annual increase in State expenditures and revenues. 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 under the upgraded crime.
The following State and local agencies may incur caseload and expenditure increases: a) county prosecutors may have to prosecute additional cases; b) the Judiciary may have to adjudicate additional complaints and monitor additional probationers; c) the Office of the Public Defender may have to represent additional low-income criminal defendants; d) the Department of Corrections may have to house and care for repeat offenders; and e) the State Parole Board may have to supervise the return to society of additional offenders. The OLS notes that there could be instances in which the Department of Law and Public Safety prosecutes the cases, under special circumstances.
Generally, third and fourth degree crimes carry a presumption of non-incarceration for first-time offenders. 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 of Corrections, the FY 2023 average annual cost for housing, ensuring security, and providing services to an incarcerated individual was $75,574, with an average daily cost of $207.
The OLS also notes the State may receive indeterminate revenue from fines imposed on individuals convicted of this crime; however, the State’s ability to collect fines has historically been limited.
Annual local expenditures and revenues are likely to decrease from the upgrade in crime from a disorderly persons offense to a crime of the fourth or third degree. Disorderly persons offenses are adjudicated in municipal courts and defendants are sentenced to county jails. Given the upgrade in crime, defendants would now be sentenced to State prisons, moving the cost of incarceration from counties to the State. However, as noted above, county prosecutors may incur additional costs to prosecute additional cases from the upgrade in crime.
Finally, annual municipal revenue would likely decrease due to a decrease in court filing fees and penalties that would typically enter the municipal court system from disorderly persons cases.
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Section: |
Judiciary |
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Analyst: |
Senior 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.).