RACIAL AND ETHNIC COMMUNITY CRIMINAL JUSTICE AND PUBLIC SAFETY IMPACT STATEMENT

[FIRST REPRINT]

ASSEMBLY, No. 4976

STATE OF NEW JERSEY

 

 

SUMMARY

 

Synopsis:

Establishes crime of reckless discharge of firearm.

INTRODUCTION

 

      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.4976 (1R) establishes that it is a crime to discharge a firearm unlawfully or for an unlawful purpose. Under the bill, a person commits a disorderly persons offense for recklessly discharging a firearm using live ammunition rounds as a first offense, a crime of the fourth degree for a second offense, and a crime of the third degree for a third or subsequent offense.  Additionally, if the violation knowingly occurs within 100 yards of: (1) an occupied structure; or (2) a school, college, university or other educational institution, school bus, or child care facility, whether or not occupied, the violation is upgraded to one degree of crime higher than what would have been charged.

 

      A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.  A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.  A disorderly persons offense is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.

 

      The bill provides that a conviction for recklessly discharging a firearm does not preclude an indictment and conviction for an offense under a different provision of law, and a subsequent conviction is not to merge with the original conviction.  The bill also provides that in instances in which the court imposes multiple sentences of imprisonment for more than one offense, those sentences are to run consecutively.  This bill implements Recommendation 3 of the State Commission of Investigation’s 2024 report, “Illegal Firearms Use & Trends in New Jersey.”

 

Federal and State Census Information[2]

 

Population

Caucasian

African American

Native American/Alaska Native

Asian

Native Hawaiian/ Other Pacific Islander

Hispanic

Two or More Races/Other

National Census Estimate

331,450,000

59.3%

13.6%

1.3%

6.1%

0.3%

18.9%

2.9%

State Census Estimate

9,289,000

53.5%

15.3%

0.7%

10.3%

0.1%

21.5%

2.4%

 

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: 

 

The below displays the number of arrest events with any paragraph of the enumerated charges below displayed by race/ethnicity for all arrests between January 1, 2017 to December 31, 2024.

 

Statute

Statute Description

Degree

White (incl. Hispanic origin)

Black

Asian/

Pac.

Islander

Am. Indian/ Alaska Native

Unknown/

Not Provided

2C:33-2

Disorderly conduct

PDP

5

1

0

0

0

 

 

 

The below displays the number of Unique Persons Convicted of any paragraph of the enumerated charges below displayed by race/ethnicity for all arrests between January 1, 2017 to December 31, 2024.

 

Statute

Statute

Description

Degree

White (incl. Hispanic origin)

Black

Asian/

Pac.

Islander

Am. Indian/ Alaska Native

Unknown/ Not Provided

2C:33-2

Disorderly conduct

PDP

5

1

0

0

0

 

 

      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%

 

 

 

 

 

 

 

 

 

 

 

 

 

Weapons Offenses

1,357

11%

820

9%

269

24%

0

0%

19

5%

249

23%

 

 

 

 

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%

 

 

 

 

 

 

 

 

 

 

 

 

 

Weapons Offenses

1,524

12%

844

9%

302

26%

0

0%

20

6%

358

17%

 

 

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%

Weapons Offenses

1,818

14%

1,389

12%

21

5%

371

32%

37

13%

 

 

Note: weapons offenses include weapon possession and operation

 

 

DATA PROVIDED BY THE JUDICIARY

 

      The Administrative Office of the Courts was unable to provide data within the timeframe, established by the Legislative Services Commission, for the production of the Racial and Ethnic Community Justice and Public Safety Impact Statement.

 



[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.