LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
ASSEMBLY, No. 4299
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: SEPTEMBER 30, 2024
SUMMARY
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Synopsis: |
Establishes crimes of home invasion burglary and residential burglary. |
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Type of Impact: |
Annual State expenditure and revenue increases. Annual local expenditure increase. |
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Agencies Affected: |
Department of Law and Public Safety; County Prosecutors; the Judiciary; Office of the Public Defender; Department of Corrections; State Parole Board.
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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 Increase |
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Indeterminate |
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· The Office of Legislative Services (OLS) finds that this bill would result in an indeterminate annual State and local expenditure increases. The following State and local agencies would incur caseload and expenditure increases: a) the Department of Law and Public Safety would provide guidance and other information related to the prosecution of the cases; b) county prosecutors would have to prosecute additional cases; c) the Judiciary would have to adjudicate additional complaints and monitor additional probationers; d) the Office of the Public Defender would have to represent additional low-income criminal defendants; e) the Department of Corrections would have to house and care for more individuals who are sentenced to prison terms; and f) the State Parole Board would have to supervise the return to society of additional convicts.
· This bill establishes criminal penalties for the creation of the crimes of home invasion burglary, a crime of the first degree, and residential burglary, a crime of the second degree. These new crimes, under certain circumstances, may be subject to extended terms of imprisonment under the No Early Release Act, which requires a person convicted of certain crimes to serve at least 85 percent of term of incarceration imposed before becoming eligible for parole; therefore, there may be lengthier terms of incarceration and increased costs. However, the bill also provides for eligible defendants charged with residential burglary to be accepted into special probation, also known as Recovery Court, which carries a presumption of non-incarceration, as a diversionary program, provided that defendant completes the conditions of the program.
· The OLS finds that the State may receive indeterminate revenues from court filing fees, fines, and penalties for the crimes established under the bill. However, the State’s ability to collect criminal fines and penalties has historically been limited.
BILL DESCRIPTION
The bill establishes the crimes of home invasion burglary and residential burglary.
Under the bill, a person is guilty of the crime of home invasion burglary if the person enters or surreptitiously remains in a residential dwelling, without license or privilege to do so, and with purpose to commit an offense therein or thereon and, in the course of committing the offense, purposely, knowingly, or recklessly inflicts bodily injury, or is armed with a deadly weapon. Home invasion burglary is a crime of the first degree.
A person is guilty of the crime of residential burglary if the person enters or surreptitiously remains in a residential dwelling, without license or privilege to do so, and with purpose to commit an offense therein or thereon. Residential burglary is a crime of the second degree.
A “residential dwelling” is defined as “a permanent structure intended as and currently being utilized as a residence by a private person or persons, and any place adapted for overnight accommodation of persons.” By contrast, a non-residential “structure” is defined as “any building, room, ship, vessel, car, vehicle or airplane, and also means any place for carrying on business therein, whether or not a person is actually present.”
A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. Additionally, home invasion burglary is subject to the No Early Release Act, which requires a person convicted of certain crimes to serve at least 85% of term of incarceration imposed before becoming eligible for parole. Residential burglary is also subject to the No Early Release Act, unless the defendant demonstrates by a preponderance of evidence a reasonable belief that no other person was present in the residence. Under the bill, convictions for home invasion burglary or residential burglary, where the defendant used or possessed a firearm, or where the defendant used or possessed a stolen motor vehicle, are also subject to extended terms of imprisonment.
Notwithstanding the inclusion of residential burglary under the No Early Release Act, the bill provides that a person charged with residential burglary may nevertheless still be eligible for entry into special probation, also known as Recovery Court.
The bill further provides that a juvenile charged with home invasion burglary or residential burglary, while in possession of a firearm, may be waived from the Family Part of the Superior Court to the Law Division to be tried as an adult.
Finally, the bill provides that a conviction for home
invasion burglary or residential burglary may serve as grounds to deny a
professional license from the Division of Consumer Affairs in the Department of
Law and Public Safety.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that this bill would result in an indeterminate annual State and local expenditure increases. The OLS lacks sufficient information to quantify the fiscal impact of this bill, as it is not possible to know how many individuals are likely to commit the new criminal offenses established by the bill.
This bill establishes criminal penalties for the creation of the crimes of home invasion burglary, a crime of the first degree, and residential burglary, a crime of the second degree. A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. The bill would also provide for a juvenile charged with home invasion burglary or residential burglary, while in possession of a firearm, to be waived from the Family Court to be tried as an adult. Additionally, these new crimes, under certain circumstances, may be subject to extended terms of imprisonment under the No Early Release Act, which requires a person convicted of certain crimes to serve at least 85 percent of term of incarceration imposed before becoming eligible for parole; therefore, there may be lengthier terms of incarceration and increased costs. However, the bill also provides for eligible defendants charged with residential burglary to be accepted into special probation, also known as Recovery Court, which carries a presumption of non-incarceration, as a diversionary program, provided that defendant completes the conditions of the program.
These factors in the trial procedures and sentencing of defendants may result in the Department of Law and Public Safety providing guidance and other information related to the prosecution of the cases; county prosecutors prosecuting additional cases; the Judiciary adjudicating additional complaints and monitoring additional probationers; the Office of the Public Defender having to represent additional low-income criminal defendants; the Department of Corrections housing and caring for more individuals who are sentenced to prison terms; and the State Parole Board supervising the return to society of additional convicts. The OLS notes that there could be instances in which the Department of Law and Public Safety prosecutes the cases, under special circumstances. The OLS cannot quantify the exact fiscal impact since the number of cases, convictions, and terms of imprisonment resulting from the bill’s provisions cannot be known.
The OLS also finds that the State may receive indeterminate revenues from court filing fees, fines, and penalties for the crimes established under the 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: |
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.).