LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
SENATE, No. 2295
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: JULY 23, 2025
SUMMARY
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Synopsis: |
Concerns pretrial and post-trial considerations for certain crimes involving operation of vehicles, including rebuttable presumption for pretrial detention, pretrial recommendation of no release from detention, suspension or revocation of license, and vehicle forfeiture. |
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Type of Impact: |
Annual State and county expenditure increases. |
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Agencies Affected: |
The Judiciary; Department of Law and Public Safety; Counties. |
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Fiscal Impact |
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Annual |
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State Expenditure Increase |
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Indeterminate |
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Local Expenditure Increase |
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Indeterminate |
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· The Office of Legislative Services (OLS) estimates 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, but it is likely that the presumption of pretrial detention for 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 a substantial increase in county costs to detain additional offenders prior to trial. The bill would also result in increased workload for county prosecutor offices and, potentially, the Office of the Attorney General in the Department of Law and Public Safety.
BILL DESCRIPTION
This bill concerns pretrial and post-trial considerations for certain crimes involving the operation of vehicles, including reckless vehicular homicide, and strict liability vehicular homicide.
Specifically, the bill would create a rebuttable presumption for pretrial detention, when moved for by the prosecutor, for certain acts that constitute the first-degree crime of reckless vehicular homicide or the second-degree crime of reckless vehicular homicide when it carries a mandatory minimum term of imprisonment.
A rebuttable presumption for pretrial detention would also be established for the third-degree crime of strict liability vehicular homicide, which occurs when the homicide results, not too remotely from its occurrence, from a DUI driving violation or DUI violation while operating a boating vessel.
The bill’s creation of the rebuttable presumption for pretrial detention for the above crimes involving the operation of a motor vehicle or boating vessel would expand the list of crimes currently subject to this rebuttable presumption, which includes murder pursuant to N.J.S.2C:11-3 and any crime for which a defendant would be subject to an ordinary or extended term of life imprisonment. When the statutory law does not specifically provide for a presumption of pretrial detention, it instead provides a general presumption for pretrial release.
This bill would create a means to overcome the presumption of release regarding a defendant charged with the second-degree crime of leaving the scene of an accident resulting in the death of another person, P.L.1997, c.111 (motor vehicle) or P.L.2014, c.17 (boating vessel), by requiring that the pretrial services program, used by courts to assist in making determinations for pretrial release or detention, indicate a recommendation of “no release.” That “no release” recommendation may constitute prima facie evidence to overcome the presumption of release when the court finds probable cause that the defendant committed such crime.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS estimates 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 incur a significant increase in annual expenditures, as the bill’s provisions would result in an increase in: the number of motions filed for pretrial detention and motions for reconsideration of detention; and bench time and court resources to ensure that the additional cases are heard and processed in a timely fashion.
The OLS notes that the bill may result in a substantial 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 offices, as the bill requires prosecutors to make motions for pretrial detention 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 the majority of the increase in workload. However, to the extent 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 potentially be an increase in workload in 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.).