LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY, No. 5427
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: DECEMBER 19, 2025
SUMMARY
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Synopsis: |
Eliminates presumption of pretrial release for sex offenses committed against minor. |
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Type of Impact: |
Annual State and local expenditure increases. |
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Agencies Affected: |
Department of Law and Public Safety, Judiciary, Counties. |
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Office of Legislative Services Estimate |
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Fiscal Impact |
Annual |
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State Expenditure Increase |
Indeterminate |
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Local Expenditure Increase |
Indeterminate |
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· The Office of Legislative Services (OLS) finds that this bill will result in indeterminate annual State and county expenditure increases. The OLS does not have sufficient information to estimate the number of individuals who could be held in pretrial detention under the bill, but it is likely that the presumption of pretrial detention for individuals committing the offenses enumerated in the bill would result in an increase in annual expenditures to the Judiciary.
· The OLS notes that the bill may result in an increase in county costs to detain additional offenders prior to trial. The bill would also result in an increased workload for county prosecutors.
BILL DESCRIPTION
This bill eliminates the presumption of pretrial release for defendants charged with a sex offense if the alleged victim of the offense is a minor.
Under current law, courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. Currently, the Criminal Justice Reform Law establishes a presumption of pretrial release, except with respect to a defendant charged with certain offenses.
Under the bill, the presumption of pretrial release also would not apply to a defendant charged with a sex offense if the alleged victim is under 18 years of age.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that this bill will result in indeterminate annual State and county expenditure increases. The Judiciary has indicated, in previous fiscal notes, that establishing a presumption of pretrial detention for additional offenses would result a significant increase in annual court expenditures due to the increase in workload. Thus, as the bill’s provisions would likely result in an increase in the number of motions filed for pretrial detention and motions for reconsideration of detention, increased judicial and court staff resources would be needed to ensure that the additional cases are heard and processed in a timely fashion.
The OLS notes that the bill may result in an increase in county costs to detain additional offenders prior to trial. According to information provided by the Administrative Office of the Courts, the median daily cost to house an incarcerated person in a county jail is $228.
The bill would also result in an increased workload for county prosecutors, as the prosecutors would need to make motions for pretrial detention for defendants who have committed the enumerated offenses in the bill. As the law enforcement entities primarily tasked with the prosecution of the offenses enumerated in the bill, county prosecutor offices will see most of the increase in workload. However, to the extent that the Office of the Attorney General in the Department of Law and Public Safety accepts the prosecution of some of these types of cases, there will be an increase in workload to the Office of the Attorney General.
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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.).