LEGISLATIVE FISCAL ESTIMATE
SENATE, No. 3557
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: JULY 22, 2025
SUMMARY
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Synopsis: |
Changes monetary threshold for certain fourth degree theft crimes.
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Type of Impact: |
Annual State and local expenditure and revenue increases. |
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Agencies Affected: |
The Judiciary; Department of Law and Public Safety; Department of Corrections; State Parole Board; Office of the Public Defender; Counties; Municipalities. |
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Office of Legislative Services Estimate |
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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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State Revenue Increase |
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Indeterminate |
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Local Expenditure Increase |
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Indeterminate |
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Local Revenue Increase |
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Indeterminate |
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· The Office of Legislative Services (OLS) concludes that changing the monetary threshold for certain disorderly persons offenses and crimes of the fourth and third degree will result in an indeterminate annual increase in State and local expenditures and revenues. The OLS lacks sufficient information to quantify the fiscal impact, as it is not possible to know how many individuals will be prosecuted, tried, and sentenced under the provisions of this bill.
· The following State and local agencies would or may incur caseload and expenditure increases related to crimes of the third and fourth degree: a) the Department of Law and Public Safety may in some instances have to provide guidance and other information related to the prosecution of the cases; b) county prosecutors would have to prosecute additional cases; c) the Judiciary would have to adjudicate additional complaints and monitor additional probationers; d) the Office of the Public Defender would have to represent additional low-income criminal defendants; e) the Department of Corrections would have to house and care for additional offenders; and f) the State Parole Board would have to supervise the return to society of additional offenders.
· The OLS notes that the bill provides that a person convicted of theft as an indictable offense is to be sentenced to a minimum term of imprisonment of not less than one year.
· The OLS also notes the State may receive indeterminate revenue from fines imposed on individuals convicted of the crimes enumerated in the bill; however, the State’s ability to collect fines has historically been limited.
· Annual local expenditures and revenues are likely to increase by an indeterminate amount if the bill results in additional disorderly persons offenses. Disorderly persons offenses are adjudicated in municipal courts and defendants are sentenced to county jails. Annual municipal revenue would likely increase due to an increase in court filing fees and penalties that typically enter the municipal court system from disorderly persons cases.
BILL DESCRIPTION
This bill changes the monetary threshold to $100 for distinguishing between a lower, nonindictable disorderly persons offense of theft and the indictable fourth-degree crime of theft under N.J.S.2C:20-2 and for distinguishing between the lower indictable fourth-degree crime of obtaining or depriving another of a benefit by impersonation or theft of identity and the higher third-degree indictable crime of impersonation or identity theft under N.J.S.2C:21-17. Under current law, the monetary threshold for triggering the higher crime of theft is $200 and is $500 for triggering the higher degree of criminal impersonation or identity theft.
A disorderly persons offense is ordinarily punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. And a crime of the third degree is ordinarily punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.
However, regarding the aforementioned indictable crimes of the fourth and third degrees, as well as any indictable crimes of the fourth, third, second, or first degree set forth in chapter 20 of Title 2C (N.J.S.2C:20-1 to P.L.2017, c.74 (C.2C:20-39), the bill provides that “[n]otwithstanding the provisions of N.J.S.2C:43-6 [sentence of imprisonment; terms] or any other provision of law to the contrary, a person convicted of theft, pursuant to this chapter, as an indictable offense shall be sentenced to a minimum term of imprisonment of not less than a year.” The same sentencing requirement would apply to any form of indictable criminal impersonation or theft of identity set forth under N.J.S.2C:21-17.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that changing the monetary threshold for certain disorderly persons offenses and crimes of the fourth and third degree will result in an indeterminate annual increase in State and local expenditures and revenues. The OLS lacks sufficient information to quantify the fiscal impact, as it is not possible to know how many individuals will be prosecuted, tried, and sentenced under the provisions of this bill.
The following State and local agencies would or may incur caseload and expenditure increases related to crimes of the third and fourth degree: a) the Department of Law and Public Safety may in some instances have to provide guidance and other information related to the prosecution of the cases; b) county prosecutors would have to prosecute additional cases; c) the Judiciary would have to adjudicate additional complaints and monitor additional probationers; d) the Office of the Public Defender would have to represent additional low-income criminal defendants; e) the Department of Corrections would have to house and care for additional offenders; and f) the State Parole Board would have to supervise the return to society of additional offenders.
Under current law, contained within the consolidated theft statute, and the statute on impersonation or theft of identity, the monetary threshold is set at a higher level for applicable crime or offense. This bill changes the monetary threshold, which could potentially increase the number of individuals prosecuted, tried, and sentenced for the crime or offense.
As of January 1, 2024, the State prison facilities had a total of 472 individuals incarcerated for property offenses, which include burglary, arson, theft, forgery, embezzlement, and receiving or possessing stolen property. The Department of Corrections does not provide data separated by offense.
Generally, a presumption of non-incarceration applies to first time offenders of crimes of the fourth and third degree. However, this bill provides that a person convicted of theft as an indictable offense is to be sentenced to a minimum term of imprisonment of not less than one year. Based on information provided by the Department of Corrections, the FY 2024 average annual cost for housing, ensuring security, and providing services to an incarcerated individual was $75,254, with an average marginal cost of housing one additional incarcerated person, accounting for food, clothes and wages, of $11.39. Disorderly persons offenses are adjudicated in municipal courts and defendants are sentenced to county jails. 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 OLS also notes the State may receive indeterminate revenue from fines imposed on individuals convicted of the crimes enumerated in the bill; however, the State’s ability to collect fines has historically been limited.
Finally, municipal revenue would likely increase due to an increase in court filing fees and penalties that typically enter the municipal court system from disorderly persons cases.
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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.).