RACIAL AND ETHNIC COMMUNITY CRIMINAL JUSTICE AND PUBLIC SAFETY IMPACT STATEMENT

SENATE COMMITTEE SUBSTUTE FOR

SENATE, Nos. 3006 and 3204

STATE OF NEW JERSEY

SUMMARY

Synopsis:

Establishes crimes of home invasion burglary and residential burglary.

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

The Senate committee substitute for Senate Bill Nos. 3006 and 3204 establishes the crimes of home invasion burglary and residential burglary.

Under the bill, a person is guilty of the crime of home invasion burglary if the person enters or surreptitiously remains in a residential dwelling, without license or privilege to do so, and with purpose to commit an offense therein or thereon and, in the course of committing the offense, purposely, knowingly, or recklessly inflicts bodily injury, or is armed with a deadly weapon. Home invasion burglary is a crime of the first degree.

A person is guilty of the crime of residential burglary if the person enters or surreptitiously remains in a residential dwelling, without license or privilege to do so, and with purpose to commit an offense therein or thereon. Residential burglary is a crime of the second degree.

A “residential dwelling” is defined as “a permanent structure intended as and currently being utilized as a residence by a private person or persons, and any place adapted for overnight accommodation of persons.” By contrast, a “non-residential structure” is defined as “any building, room, ship, vessel, car, vehicle or airplane, and also means any place for carrying on business therein, whether or not a person is actually present.”

A crime of the first degree is punishable by a term of imprisonment of between 10 to 20 years, a fine of up to $200,000, or both. A crime of the second degree is punishable by a term of imprisonment of between 5 to 10 years, a fine of up to $150,000, or both. Additionally, home invasion burglary is subject to the “No Early Release Act,” which requires a person convicted of certain crimes to serve at least 85 percent of term of incarceration imposed before becoming eligible for parole. Residential burglary is also subject to the “No Early Release Act,” unless the defendant demonstrates by a preponderance of evidence a reasonable belief that no other person was present in the residence. Under the bill, convictions for home invasion burglary or residential burglary, where the defendant used or possessed a firearm, or where the defendant used or possessed a stolen motor vehicle, are also subject to extended terms of imprisonment.

Notwithstanding the inclusion of residential burglary under the “No Early Release Act,” the bill provides that a person charged with residential burglary may nevertheless still be eligible for entry into special probation, also known as Recovery Court.

The bill further provides that a juvenile charged with home invasion burglary or residential burglary, while in possession of a firearm, may be waived from the Family Part of the Superior Court to the Law Division to be tried as an adult.

Finally, the bill provides that a conviction for home invasion burglary or residential burglary may serve as grounds to deny a professional license from the Division of Consumer Affairs in the Department of Law and Public Safety.

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 (a specific arrest date for a unique defendant) with any paragraph of the enumerated charges below displayed by race/ethnicity for all arrests between January 1, 2017 to June 30, 2024.

StaTUTE	STATUTE DESCRIPTION	Degree	White (INCL. Hispanic origin)	Black	ASian/ PAc. islander	Am. Indian/ alaska native	Unknown/ Not provided
2C:18-2	BURGLARY	2nd or 3rd	13	20			8
2C:18-2A	BURGLARY	2nd or 3rd	2	4			1
2C:18-2A(1)	BURGLARY-ENTERING STRUCTURE ETC.	2nd or 3rd	11,076	9,254	190	28	970
2C:18-2A(2)	BURGLARY-REMAIN IN STRUCTURE ETC.	2nd or 3rd	536	504	10	2	58
2C:18-2A(3)	BURGLARY-TRESPASS ON UTILITY CO PROPERTY	2nd or 3rd	64	31		2	3
2c:18-2B		2nd or 3rd			1
2C:18-2B(1)	BURGLARY INFLICT/ ATTEMPT TO INFLICT BI	2nd	197	216	10	1	13
2C:18-2B(2)	BURGLARY –ARMED	2nd	1	3			3

The below displays the number of Unique Defendants with a Guilty Outcome (based on State Bureau of Identification Number) charged with any paragraph of the enumerated charges below displayed by race/ethnicity for all arrests between January 1, 2017 to June 30, 2024.

StaTUTE	STATUTE DESCRIPTION	Degree	White (INCL. Hispanic origin)	Black	ASian /PAc. islander	Am. Indian/ alaska native	Unknown/ Not provided
2C:18-2	BURGLARY	2nd or 3rd	5	7			4
2C:18-2A	BURGLARY	2nd or 3rd
2C:18-2A(1)	BURGLARY-ENTERING STRUCTURE ETC.	2nd or 3rd	2,853	2,353	34	7	256
2C:18-2A(2)	BURGLARY-REMAIN IN STRUCTURE ETC.	2nd or 3rd	108	103	1		14
2C:18-2A(3)	BURGLARY-TRESPASS ON UTILITY CO PROPERTY	2nd or 3rd	12	11
2c:18-2B	BURGLARY	2nd or 3rd
2C:18-2B(1)	BURGLARY INFLICT/ ATTEMPT TO INFLICT BI	2nd	5	6
2C:18-2B(2)	BURGLARY – ARMED	2nd

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 3, 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 (FACTS) JUVENILE DATA FOR CHARGES FILED IN COURT YEARS 2023 AND 2024
2C:18-2 BURGLARY
County	Degree 2			Degree 3						Total
	Black/Afr	Hispanic	White	Amr Ind/Alsk	Asian	Black/Afr	Hispanic	Not Stated	White	Total
Atlantic	8	1	4	0	0	133	0	1	87	234
Bergen	3	0	2	0	2	49	3	3	36	98
Burlington	4	0	1	0	0	58	0	0	13	76
Camden	4	1	4	0	0	73	0	0	38	120
Cape May	0	0	2	0	0	3	0	1	10	16
Cumberland	14	0	1	0	0	51	0	0	16	82
Essex	22	0	0	1	0	395	3	1	70	492
Gloucester	2	0	0	0	0	20	0	0	4	26
Hudson	8	0	11	0	0	75	2	2	47	145
Hunterdon	0	0	0	0	0	3	0	0	1	4
Mercer	1	0	0	0	6	58	1	0	7	73
Middlesex	7	0	1	0	6	80	1	0	117	212
Monmouth	5	0	3	0	0	64	0	1	16	89
Morris	0	0	2	0	0	23	0	2	16	43
Ocean	1	1	2	0	0	17	0	0	31	52
Passaic	1	0	1	0	0	24	6	1	39	72
Salem	2	0	0	0	0	5	0	0	4	11
Somerset	3	0	1	0	0	19	1	0	9	33
Sussex	0	0	0	0	0	0	0	0	3	3
Union	7	0	0	0	0	95	0	1	30	133
Warren	1	0	0	0	0	3	0	0	5	9
Total	93	3	35	1	14	1248	17	13	599	2023

ADULT CHARGES PROMIS GAVEL DATA FOR COURT YEARS 2023 AND 2024

BURGLARY 2C:18-2, AS 0F SEPTEMBER 26, 2024

COUNTY	NUMBER CHARGED	BURGLARY STATUTE 2C:18-2
		DEGREE 2								DEGREE 3								DEGREE 4
		Asian	Black/ Africa Am	Hispanic	Amer Ind/ Alsk Nativ	Nat Haw/ Pacfic Is	Unkwn	White	Missing	Asian	Black/ Africa Am	Hispanic	Amer Ind/ Alsk Nativ	Nat Haw/ Pacfic Is	Unkwn	White	Missing	Asian	Black/ Africa Am	Hispanic	Amer Ind/ Alsk Nativ	Nat Haw/ Pacfic Is	Unkwn	White	Missing
		A	B	H	I	P	U	W		A	B	H	I	P	U	W		A	B	H	I	P	U	W
ATL	319	1	13	4	0	0	0	8	0	4	117	53	0	1	5	113	0	0	0	0	0	0	0	0	0
BER	336	2	7	5	0	0	0	3	0	7	93	137	0	0	5	77	0	0	0	0	0	0	0	0	0
BUR	203	0	11	2	0	0	0	15	0	1	72	19	0	0	0	83	0	0	0	0	0	0	0	0	0
CAM	375	0	18	12	0	0	1	7	0	0	116	62	0	0	3	156	0	0	0	0	0	0	0	0	0
CPM	83	0	0	2	0	0	0	3	0	0	4	13	0	0	0	61	0	0	0	0	0	0	0	0	0
CUM	192	0	6	9	0	0	0	6	0	0	66	39	1	0	0	65	0	0	0	0	0	0	0	0	0
ESX	806	1	54	25	0	0	0	7	0	4	467	172	0	0	6	70	0	0	0	0	0	0	0	0	0
GLO	135	0	5	1	0	0	0	5	0	0	46	10	0	0	0	68	0	0	0	0	0	0	0	0	0
HNT	25	0	0	0	0	0	0	0	0	0	3	6	0	0	0	16	0	0	0	0	0	0	0	0	0
HUD	915	0	54	30	0	0	3	12	0	14	290	381	0	2	7	122	0	0	0	0	0	0	0	0	0
MER	232	0	19	6	0	0	0	2	0	2	103	48	0	0	1	51	0	0	0	0	0	0	0	0	0
MID	421	1	10	15	0	0	0	7	0	3	135	159	1	0	2	88	0	0	0	0	0	0	0	0	0
MON	317	0	7	9	0	0	0	12	0	0	114	70	0	0	2	103	0	0	0	0	0	0	0	0	0
MRS	112	0	2	7	0	0	0	3	0	0	29	35	0	0	2	34	0	0	0	0	0	0	0	0	0
OCN	202	0	8	6	0	0	0	15	0	1	36	23	3	0	2	108	0	0	0	0	0	0	0	0	0
PAS	282	0	18	29	0	0	1	1	0	1	79	98	0	0	0	55	0	0	0	0	0	0	0	0	0
SLM	55	0	3	1	0	0	0	4	0	0	19	5	0	0	0	23	0	0	0	0	0	0	0	0	0
SOM	64	0	2	1	0	0	0	0	0	0	22	24	0	0	2	13	0	0	0	0	0	0	0	0	0
SSX	43	0	0	0	0	0	0	0	0	0	5	9	0	0	1	28	0	0	0	0	0	0	0	0	0
UNN	220	0	11	3	0	0	0	4	0	2	99	82	0	0	0	19	0	0	0	0	0	0	0	0	0
WRN	18	0	1	0	0	0	0	2	0	0	3	1	0	0	0	11	0	0	0	0	0	0	0	0	0
Total (STATE)	5355	5	249	167	0	0	5	116	0	39	1918	1446	5	3	38	1364	0	0	0	0	0	0	0	0	0

Count of Probation clients in each category of crime-degree (FY23 & FY24 consolidated)
		Race
		AM. INDIAN OR ALASKA NATIVE			ASIAN			BLACK/AFRICAN AMERICAN			NAT. HAWAIIAN/OTHER PACIFIC ISLANDER		UNKNOWN			WHITE
		Ethnicity			Ethnicity			Ethnicity			Ethnicity		Ethnicity			Ethnicity
		Non-Hispanic	Unknown	Hispanic	Non-Hispanic	Unknown	Hispanic	Non-Hispanic	Unknown	Hispanic	Non-Hispanic	Unknown	Non-Hispanic	Unknown	Hispanic	Non-Hispanic	Unknown	Hispanic
		N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
Statute	degree
2C:18-2	1	.	.	.	.	.	.	.	.	.	.	.	.	.	.	.	1	1
	2	.	.	.	3	.	.	27	7	4	.	.	.	1	1	14	3	14
	3	1	1	1	20	2	.	787	124	46	.	.	14	19	48	593	176	379
	4	.	.	.	.	.	.	5	2	1	.	.	.	1	.	2	3	4
	DP	.	.	.	.	.	.	13	2	1	.	.	1	3	1	7	3	5
	PDP	.	.	.	.	.	.	2	.	.	.	.	.	.	.	1	.	.
Tot. counts by crime-deg.		1	1	1	23	2	0	834	135	52	0	0	15	24	50	617	186	403

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[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.