LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY, No. 4531
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: JULY 3, 2024
SUMMARY
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Synopsis: |
Limits negotiated plea agreements for crime of burglary when firearm involved. |
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Type of Impact: |
Annual State expenditure and revenue increases. |
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Agencies Affected: |
The Judiciary; Department of Law and Public Safety; 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 |
Annual |
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State Expenditure Increases |
Indeterminate |
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State Revenue Increases |
Indeterminate |
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· The Office of Legislative Services (OLS) finds that that this bill may result in indeterminate annual State cost and revenue increases. With the elimination of a prosecutor’s ability to plea bargain for a lesser term of incarceration or fines, this may result in caseload and expenditure increases for the following agencies: the Department of Law and Public Safety and county prosecutor’s offices; the Judiciary; the Office of the Public Defender; the Department of Corrections; and the State Parole Board.
· The OLS notes that the presumption of non-incarceration that generally applies for first-time offenders of crimes of the third degree, that would presumably not apply in instances under this bill, would likely have a more direct fiscal impact on the Department of Corrections and the State Parole Board, which would experience an increase in costs for offenders serving extended terms of incarceration as a result of this bill.
· The OLS also finds that the State may receive indeterminate revenues from court filing fees, as well as the higher fines and penalties for a burglary conviction required under the bill. However, the State’s ability to collect criminal fines and penalties has historically been limited.
BILL DESCRIPTION
This bill 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.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that that this bill may result in indeterminate annual State cost and revenue increases. The bill 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. Otherwise, burglary is a crime of the third degree. A crime of the second degree is typically punishable by a term of imprisonment of between five to 10 years, a fine of up to $150,000, or both. A crime of the third degree is typically punishable by a term of imprisonment of between three to five years, a fine of up to $15,000, or both.
With the elimination of a prosecutor’s ability to plea bargain for a lesser term of incarceration or fines, this may result in caseload and expenditure increases for the following agencies: the Department of Law and Public Safety and county prosecutor’s offices would have to take longer periods of time prosecuting cases; the Judiciary would have to adjudicate additional cases not otherwise disposed of via plea agreement; the Office of the Public Defender would have larger caseloads of defendants as case dispositions would likely take longer periods of time; the Department of Corrections would have to house convicted offenders for lengthier terms of incarceration; and the State Parole Board would have to supervise the return to society of any additional incarcerated persons.
The OLS notes that the presumption of non-incarceration that generally applies for first-time offenders of crimes of the third degree, that would presumably not apply in instances under this bill, would likely have a more direct impact on the Department of Corrections and the State Parole Board, which would experience an increase in costs for more offenders serving extended terms of incarceration as a result of this bill. The OLS cannot quantify the exact fiscal impact since the number of cases, convictions, and any 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, as well as the higher fines and penalties for a burglary conviction required 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: |
Section Chief |
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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.).