RACIAL AND ETHNIC COMMUNITY CRIMINAL JUSTICE AND PUBLIC SAFETY IMPACT STATEMENT
ASSEMBLY, No. 4531
STATE OF NEW JERSEY
SUMMARY
|
Synopsis: |
Limits negotiated plea agreements for crime of burglary when firearm involved. |
The Office of Legislative Services does not develop or maintain source data concerning the criminal justice system in the State. The Office of Legislative Services makes reasonable efforts to obtain data from Executive Branch Departments and the Judiciary. This statement may reflect information provided by the United States Census Bureau, the Administrative Office of the Courts within the Judiciary, the New Jersey Department of Corrections, the New Jersey Office of the Attorney General, and the Juvenile Justice Commission in the New Jersey Department of Law and Public Safety. The publicly available data and the data provided by the responding departments and agencies contained within this statement allows for a general overview of the frequencies of events of interest (i.e. arrests, charges, and convictions) for racial and ethnic minorities for the crimes identified herein. This statement does not provide for an in-depth analysis of that data.
Additional data concerning recidivism rates and incarceration rates for the specific crimes addressed within this statement sorted by race and ethnicity is needed in order to make a conclusion on the impacts on racial and ethnic minorities. Additional data concerning the deterrent effects of similar laws of this type is needed to determine the impact on community criminal justice and public safety. It should be noted that the data needed may not currently be collected by the responding departments or agencies or may not exist.[1]
BILL DESCRIPTION
Assembly
Bill No. 4531 prohibits the prosecution from
entering into a plea agreement for a lesser term of imprisonment or fine for
the crime of burglary when a firearm is involved.
Under
current law, it is a crime of the second degree if, in the course of committing
the offense of burglary, the actor: (1) purposely, knowingly or recklessly
inflicts, attempts to inflict, or threatens to inflict bodily injury on anyone;
or (2) is armed with or displays what appears to be explosives or a deadly
weapon.
Under the
bill, a person convicted of burglary while armed with a firearm would be
ineligible to enter into a negotiated plea agreement to receive a lesser term
of imprisonment or a fine.
“Firearm”
is defined as any handgun, rifle, shotgun, machine gun, automatic or
semi-automatic rifle, or any gun, device or instrument in the nature of a
weapon from which may be fired or ejected any solid projectable ball, slug,
pellet, missile or bullet, or any gas, vapor or other noxious thing, by means
of a cartridge or shell or by the action of an explosive or the igniting of
flammable or explosive substances.
“Firearm” also includes, without limitation, any firearm which is in the
nature of an air gun, spring gun or pistol or other weapon of a similar nature
in which the propelling force is a spring, elastic band, carbon dioxide,
compressed or other gas or vapor, air or compressed air, or is ignited by
compressed air, and ejecting a bullet or missile
smaller than three-eighths of an inch in diameter, with sufficient force to
injure a person.
Federal
and State Census Information[2]
Federal and State
Inmate Population Data
|
|
Population |
Caucasian |
African American |
Native
American/Alaska Native |
Asian |
Native
Hawaiian/ Other Pacific Islander |
Hispanic |
Two or More
Races/Other |
|
Actual
Federal Adult Inmate Population[3] |
156,241 |
56.9% |
38.8% |
2.8% |
1.5% |
N/A |
29.2% |
N/A |
|
Actual
State Adult Inmate Population[4] |
12,978 |
22% |
60.8% |
0.0% |
1% |
N/A |
17% |
N/A |
State Census and State Inmate Population
Data
|
|
Population |
Caucasian |
African
American |
Native
American/Alaska Native |
Asian |
Native
Hawaiian/ Other Pacific Islander |
Hispanic |
Two or More
Races/Other |
|
State
Census Estimate |
9,289,000 |
53.5% |
15.3% |
0.7% |
10.3% |
0.1% |
21.5% |
2.4% |
|
Actual
State Adult Inmate Population[5] |
12,978 |
22% |
60.8% |
0.0% |
1% |
N/A |
17% |
N/A |
DATA PROVIDED BY THE
EXECUTIVE BRANCH
The following data was provided, as a part of the submission, from the Office of the Attorney General:
Arrests by
Race – 2022, 2023, Q1 2024
|
Offense Category |
StaTUTE Code |
STATUTE DESCRIPTION |
Am. Indian / Alaska Native |
Asian / Pac. Islander |
Black |
Not Provided/ Unknown |
White (incl. Hispanic origin) |
|
Burglary |
2C:18-2 |
BURGLARY |
2 |
1 |
1 |
||
|
Burglary |
2C:18-2A |
BURGLARY |
1 |
||||
|
Burglary |
2C:18-2A(1) |
BURGLARY-ENTERING STRUCTURE ETC. |
14 |
63 |
3,345 |
337 |
3,676 |
|
Burglary |
2C:18-2A(2) |
BURGLARY-REMAIN IN STRUCTURE ETC. |
1 |
7 |
139 |
24 |
161 |
|
Burglary |
2C:18-2A(3) |
BURGLARY-TRESPASS ON UTILITY CO PROPERTY |
1 |
1 |
9 |
25 |
|
|
Burglary |
2C:18-2B(1) |
BURGLARY INFLICT/ ATTEMPT TO INFLICT BI |
1 |
6 |
166 |
12 |
134 |
Note: The data
originates from the arrests of adults (at time of offense) for at least one
indictable offense where the individual was Live Scanned.[6]
Information includes only events with an arrest date in 2022, 2023, or quarter
one of 2024. Only non-expunged charges
are included. This information is accessible publicly by county at www.njoag.gov/justicedata. That dashboard allows users to view unique
defendants, arrest events, and charges by county and outcome.
Specifications
on race categorizations from the Federal Office of Management and Budget did
not include a category of Hispanic ethnicity until recently decided revisions,
which will be implemented by 2029. New Jersey courts began providing space on
the complaint document to capture Hispanic ethnicity in December 2021. However,
the ethnicity field lacks a consistent procedure for collection and may
conflict from one arrest to another for the same defendant.
Convictions
by Race – 2022, 2023, Q1 2024
|
Offense Category |
Statute Code |
STATUTE DESCRIPTION |
GUilty Convict |
Am. Indian / Alaska Native |
Asian / Pac. Islander |
Black |
Not Provided/ Unknown |
White (incl. Hispanic origin) |
|
Burglary |
2C:18-2A(1) |
BURGLARY-ENTERING STRUCTURE ETC. |
Y |
9 |
556 |
62 |
563 |
|
|
Burglary |
2C:18-2A(2) |
BURGLARY-REMAIN
IN STRUCTURE ETC. |
Y |
19 |
3 |
14 |
||
|
Burglary |
2C:18-2A(3) |
BURGLARY-TRESPASS ON UTILITY CO PROP |
Y |
2 |
4 |
The following response was provided by the Juvenile Justice Commission:
The Juvenile Justice Commission (JJC) does not maintain or have direct access to detailed data on youth arrests, prosecutions, or adjudications (i.e. convictions). The JJC is not a prosecutorial agency. The JJC does not keep racial and ethnic data segregated by crimes for arrests, prosecutions, or adjudications for the juveniles committed to its care.
The Department of Corrections has made available to the public statistical data concerning the State inmate population categorized by race and ethnicity for 2024, which are reflected in the charts on page 2, and offenders by base offense for 2022, 2023, and 2024 in the following charts:
Offenders by Base
Offense for 2022
|
Base Offense |
Total |
Male
Offenders in Other Facilities |
Youth
Offenders |
Adult
Diagnostic Treatment Center (ADTC) |
Edna Mahan |
Halfway
Houses, County Jails, St.
Francis Hospital |
||||||
|
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
|
|
TOTAL
OFFENDERS |
12,492 |
100% |
9,442 |
100% |
1,139 |
100% |
410 |
100% |
408 |
100% |
1,093 |
100% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Property
Offenses |
526 |
4% |
375 |
4% |
57 |
5% |
0 |
0% |
36 |
9% |
58 |
5% |
Offenders by Base
Offense for 2023
|
Base
Offense |
Total |
Male
Offenders in Other Facilities |
Youth
Offenders |
Adult
Diagnostic Treatment Center (ADTC) |
Edna Mahan |
Halfway
Houses, County Jails, St.
Francis Hospital |
||||||
|
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
|
|
TOTAL
OFFENDERS |
13,196 |
100% |
9,133 |
100% |
1,174 |
100% |
402 |
100% |
356 |
100% |
2,131 |
100% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Property
Offenses |
525 |
4% |
324 |
4% |
55 |
5% |
0 |
0% |
31 |
9% |
115 |
5% |
Offenders by Base Offense for 2024
|
Base Offense |
Total |
Male Incarcerated Persons |
Edna Mahan |
Residential
Community Release Program (RCRP), County Jails, Central Medical
Unit (CHR) |
Interstate Corrections Compact |
|||||
|
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
|
|
Total Offenders |
12,978 |
100% |
11,176 |
100% |
386 |
100% |
1,140 |
100% |
276 |
100% |
|
|
|
|
|
|
|
|
|
|
|
|
|
Property Offenses |
472 |
4% |
382 |
3% |
38 |
10% |
39 |
4% |
13 |
5% |
Note: Property
offenses include burglary, arson, theft, forgery, embezzlement, and
receiving/possessing stolen property.
DATA PROVIDED BY THE JUDICIARY
The following data was provided, as a part of the submission, from the Judiciary:
|
FAMILY
COURT JUVENILE DATA FOR CHARGES FILED SINCE January 1, 2022 |
|||||||||||
|
BURGLARY
2C:18-2 |
|||||||||||
|
County |
Degree 2 |
Degree 3 |
Total
Charged |
||||||||
|
Black |
Hispanic |
Not
Stated |
White |
Amr Ind/Alsk |
Asian |
Black |
Hispanic |
Not
Stated |
White |
||
|
Atlantic |
8 |
1 |
0 |
4 |
0 |
0 |
164 |
1 |
1 |
100 |
279 |
|
Bergen |
3 |
0 |
0 |
3 |
0 |
2 |
64 |
2 |
6 |
39 |
119 |
|
Burlington |
4 |
0 |
0 |
1 |
0 |
0 |
64 |
0 |
0 |
22 |
91 |
|
Camden |
5 |
1 |
0 |
5 |
0 |
0 |
77 |
0 |
1 |
42 |
131 |
|
Cape May |
0 |
0 |
0 |
2 |
0 |
0 |
5 |
0 |
1 |
12 |
20 |
|
Cumberland |
14 |
1 |
0 |
2 |
0 |
0 |
56 |
0 |
0 |
20 |
93 |
|
Essex |
26 |
0 |
0 |
0 |
1 |
0 |
437 |
7 |
4 |
78 |
553 |
|
Gloucester |
2 |
0 |
1 |
0 |
0 |
0 |
20 |
0 |
0 |
9 |
32 |
|
Hudson |
10 |
0 |
0 |
12 |
0 |
0 |
98 |
4 |
5 |
54 |
183 |
|
Hunterdon |
0 |
0 |
0 |
0 |
0 |
0 |
4 |
0 |
0 |
1 |
5 |
|
Mercer |
1 |
0 |
0 |
0 |
0 |
6 |
58 |
1 |
0 |
11 |
77 |
|
Middlesex |
7 |
0 |
0 |
1 |
0 |
6 |
86 |
1 |
1 |
129 |
231 |
|
Monmouth |
6 |
0 |
0 |
3 |
0 |
0 |
90 |
0 |
2 |
29 |
130 |
|
Morris |
1 |
0 |
0 |
2 |
0 |
0 |
27 |
1 |
2 |
21 |
54 |
|
Ocean |
1 |
1 |
0 |
2 |
0 |
0 |
16 |
0 |
1 |
41 |
62 |
|
Passaic |
1 |
0 |
0 |
2 |
0 |
0 |
26 |
6 |
1 |
42 |
78 |
|
Salem |
3 |
0 |
0 |
0 |
0 |
0 |
6 |
1 |
0 |
8 |
18 |
|
Somerset |
3 |
0 |
0 |
1 |
0 |
1 |
20 |
1 |
1 |
9 |
36 |
|
Sussex |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
3 |
3 |
|
Union |
9 |
0 |
0 |
0 |
0 |
0 |
115 |
0 |
1 |
28 |
153 |
|
Warren |
1 |
0 |
0 |
0 |
0 |
0 |
3 |
0 |
0 |
5 |
9 |
|
Total |
105 |
4 |
1 |
40 |
1 |
15 |
1436 |
25 |
27 |
703 |
2357 |
|
COUNTY |
NUMBER CHARGED |
BURGLARY STATUTE 2C:18-2 |
|||||||||||||||||||||||
|
DEGREE 2 |
DEGREE 3 |
DEGREE 4 |
|||||||||||||||||||||||
|
Asian |
Black/ Africa Am |
Hispanic |
Amer Ind/ Alaska
Native |
Nat Haw/ Pacific
Is |
Unkn |
White |
Missing |
Asian |
Black/ Africa Am |
Hispanic |
Amer Ind/ Alaska
Native |
Nat Haw/ Pacific
Is |
Unkn |
White |
Missing |
Asian |
Black/ Africa Am |
Hispanic |
Amer Ind/ Alaska
Native |
Nat Haw/ Pacific
Is |
Unkn |
White |
Missing |
||
|
A |
B |
H |
I |
P |
U |
W |
|
A |
B |
H |
I |
P |
U |
W |
|
A |
B |
H |
I |
P |
U |
W |
|
||
|
ATL |
345 |
1 |
14 |
4 |
0 |
0 |
0 |
10 |
0 |
4 |
132 |
48 |
0 |
1 |
4 |
127 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
BER |
406 |
2 |
8 |
8 |
0 |
0 |
0 |
6 |
0 |
9 |
122 |
157 |
0 |
0 |
6 |
88 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
BUR |
240 |
0 |
11 |
5 |
0 |
0 |
0 |
11 |
0 |
2 |
81 |
22 |
0 |
0 |
0 |
108 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
CAM |
446 |
0 |
19 |
11 |
0 |
0 |
1 |
10 |
0 |
0 |
146 |
75 |
0 |
0 |
5 |
179 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
CPM |
105 |
0 |
0 |
1 |
0 |
0 |
0 |
3 |
0 |
0 |
4 |
17 |
0 |
0 |
1 |
79 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
CUM |
208 |
0 |
8 |
7 |
0 |
0 |
0 |
8 |
0 |
0 |
68 |
45 |
1 |
0 |
0 |
71 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
ESX |
953 |
1 |
68 |
27 |
0 |
0 |
0 |
8 |
0 |
2 |
558 |
199 |
0 |
0 |
5 |
85 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
GLO |
175 |
0 |
9 |
2 |
0 |
0 |
0 |
9 |
0 |
1 |
50 |
14 |
0 |
0 |
0 |
90 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
HNT |
30 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
3 |
5 |
0 |
0 |
0 |
22 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
HUD |
1086 |
0 |
60 |
35 |
0 |
0 |
4 |
14 |
0 |
18 |
361 |
426 |
0 |
1 |
10 |
157 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
MER |
275 |
0 |
24 |
11 |
0 |
0 |
0 |
2 |
0 |
3 |
114 |
60 |
0 |
0 |
1 |
60 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
MID |
481 |
0 |
14 |
18 |
0 |
0 |
0 |
12 |
0 |
6 |
149 |
165 |
1 |
0 |
1 |
115 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
MON |
401 |
0 |
9 |
11 |
0 |
0 |
0 |
13 |
0 |
1 |
148 |
77 |
1 |
0 |
1 |
140 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
MRS |
134 |
0 |
2 |
8 |
0 |
0 |
1 |
3 |
0 |
0 |
34 |
36 |
0 |
0 |
2 |
48 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
OCN |
227 |
0 |
13 |
7 |
0 |
0 |
0 |
13 |
0 |
1 |
39 |
26 |
3 |
0 |
4 |
121 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
PAS |
375 |
0 |
23 |
32 |
0 |
0 |
2 |
2 |
0 |
2 |
120 |
116 |
0 |
0 |
0 |
78 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
SLM |
88 |
0 |
4 |
2 |
0 |
0 |
0 |
6 |
0 |
0 |
22 |
7 |
0 |
0 |
0 |
47 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
SOM |
65 |
0 |
3 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
24 |
24 |
0 |
0 |
1 |
12 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
SSX |
47 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
6 |
10 |
0 |
0 |
1 |
30 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
UNN |
273 |
0 |
12 |
4 |
0 |
0 |
0 |
5 |
0 |
2 |
121 |
95 |
0 |
0 |
0 |
34 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
WRN |
28 |
0 |
2 |
0 |
0 |
0 |
0 |
3 |
0 |
0 |
2 |
0 |
0 |
0 |
0 |
21 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Total (STATE) |
6388 |
4 |
303 |
194 |
0 |
0 |
8 |
138 |
0 |
51 |
2304 |
1624 |
6 |
2 |
42 |
1712 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Note: The demographic information for those
persons charged with the offenses listed in the charts above covers the time
period of January 1, 2022 through June 28, 2024. The Data Division of the
Administrative Office of the Courts was able to compile this information for
charges, not convictions, related to the specific offenses requested.
Additional analysis is required for information pertaining to
convictions. Moreover, the Criminal Practice Division noted that in light
of the time frame specified in the request, it is quite likely that there will
be a very large population of these cases pending on pretrial. Accordingly, only examining at actual
convictions may not capture all of the relevant data.
|
Count of
Clients on Probation in Each Category of Crime/Degree |
||||||||||||
|
ASIAN |
BLACK/AFRICAN
AMERICAN |
NAT.
HAWAIIAN/OTHER PACIFIC ISLANDER |
UNKNOWN |
WHITE |
||||||||
|
Ethnicity |
Ethnicity |
Ethnicity |
Ethnicity |
Ethnicity |
||||||||
|
Non-Hispanic |
Non-Hispanic |
Unknown |
Hispanic |
Non-Hispanic |
Non-Hispanic |
Unknown |
Hispanic |
Non-Hispanic |
Unknown |
Hispanic |
||
|
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
||
|
Crime |
Degree |
|
|
|
|
|
|
|
|
|
|
|
|
2C:18-2 |
2 |
. |
2 |
2 |
. |
. |
. |
. |
. |
. |
. |
. |
|
3 |
1 |
9 |
4 |
. |
. |
. |
2 |
1 |
13 |
8 |
5 |
|
|
DP |
. |
1 |
. |
. |
. |
. |
. |
. |
. |
. |
. |
|
|
Out of
state |
. |
10 |
3 |
. |
. |
1 |
2 |
. |
3 |
4 |
2 |
|
|
Client
totals |
1 |
22 |
9 |
0 |
0 |
1 |
4 |
1 |
16 |
12 |
7 |
|
[1] This racial and ethnic community
criminal justice and public safety impact statement has been produced by the
Office of Legislative Services pursuant to section 2 of P.L.2017, c.286
(C.52:11-57.1). Although impact statements are considered a tool for
policymaking, the Office of Legislative Services does not take a policy
position in preparing a racial and ethnic community criminal justice and public
safety impact statement. The role of the Office of Legislative Services
is to gather and present data for legislators to review. This statement
may reflect information provided by the United States Census Bureau, Office of
Juvenile Justice and Delinquency Prevention in the United States Department of
Justice, New Jersey Department of Corrections, and Juvenile Justice Commission
in the New Jersey Department of Law and Public Safety.
[2] Publicly available data obtained from the federal
census for national and State populations as of April 1, 2020.
[3] Publicly available data of federally sentenced persons
in custody of the Federal Bureau of Prisons, as of June 1, 2024.
[4] Publicly available data produced by the New Jersey
Department of Corrections concerning the State inmate population on January 1,
2024. It has been reported by the New
Jersey Department of Corrections that the Fiscal Year 2024 average daily
population was 12,490. However, that
number has not been sorted by race or ethnicity.
[5] Publicly available data produced by the New Jersey
Department of Corrections concerning the State inmate population on January 1,
2024. It has been reported by the New
Jersey Department of Corrections that the Fiscal Year 2024 average daily
population was 12,490. However, that
number has not been sorted by race or ethnicity.
[6] The Live Scan process is the automated fingerprint
information system that the State Bureau of Identification utilizes as
centralized storage for criminal arrest fingerprints.