LEGISLATIVE FISCAL ESTIMATE
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, Nos. 3006 and 3204
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: JULY 3, 2024
SUMMARY
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Synopsis: |
Establishes crimes of home invasion burglary and residential burglary. |
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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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Fiscal Impact |
Annual |
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State Cost Increase |
Indeterminate |
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State Revenue Increase |
Indeterminate |
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· The Office of Legislative Services (OLS) finds that this bill would result in an indeterminate annual State expenditure increase. The following State agencies would incur caseload and expenditure increases: a) the Department of Law and Public Safety prosecuting additional cases; b) the Judiciary adjudicating additional offenders and monitoring additional probationers; c) the Office of the Public Defender representing additional low-income criminal defendants; d) the Department of Corrections housing offenders convicted under the bill; and e) the State Parole Board supervising the return to society of any additional incarcerated persons.
· This bill establishes criminal penalties for the creation of the crimes of home invasion burglary, a crime of the first degree, and residential burglary, a crime of the second degree. These new crimes, under certain circumstances, may be subject to extended terms of imprisonment under 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; therefore, there may be lengthier terms of incarceration and increased costs. However, the bill also provides for eligible defendants charged with residential burglary to be accepted into special probation, also known as Recovery Court, which carries a presumption of non-incarceration, as a diversionary program, provided that defendant completes the conditions of the program.
· The OLS finds that the State may receive indeterminate revenues from court filing fees, fines, and penalties for the crimes established under the bill. However, the State’s ability to collect criminal fines and penalties has historically been limited.
BILL DESCRIPTION
This bill establishes the crimes of home invasion burglary and residential burglary. Home invasion burglary is a crime of the first degree. Residential burglary is a crime of the second degree.
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, under certain circumstances. Under the bill, convictions for home invasion burglary or residential burglary, where the defendant used or possessed a firearm or 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 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.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that this bill would result in indeterminate annual State expenditure and revenue increases. The OLS lacks sufficient information to quantify the fiscal impact of this bill on the State, as it is not possible to know how many individuals are likely to commit the new criminal offenses established by the bill.
This bill establishes criminal penalties for the creation of the crimes of home invasion burglary, a crime of the first degree, and residential burglary, a crime of the second degree. 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. The bill would also provide for a juvenile charged with home invasion burglary or residential burglary, while in possession of a firearm, to be waived from the Family Court to be tried as an adult. Additionally, these new crimes, under certain circumstances, may be subject to extended terms of imprisonment under 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; therefore, there may be lengthier terms of incarceration and increased costs. However, the bill also provides for eligible defendants charged with residential burglary to be accepted into special probation, also known as Recovery Court, which carries a presumption of non-incarceration, as a diversionary program, provided that defendant completes the conditions of the program.
These factors in the trial procedures and sentencing of defendants may result in the Department of Law and Public Safety prosecuting additional cases; the Judiciary adjudicating additional cases; the Office of the Public Defender representing additional indigent criminal offenders; the Department of Corrections housing offenders convicted under the bill; and the State Parole Board supervising the return to society of any additional incarcerated persons. The OLS cannot quantify the exact fiscal impact since the number of cases, convictions, and 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, fines, and penalties for the crimes established 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.).