LEGISLATIVE FISCAL ESTIMATE
SENATE, No. 271
STATE OF NEW JERSEY
222nd LEGISLATURE
DATED: JULY 13, 2026
SUMMARY
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Synopsis: |
Upgrades assault on victims who are elderly or disabled. |
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Type of Impact: |
Annual State expenditure and revenue increases. |
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Agencies Affected: |
The Judiciary; Office of the Public Defender; Department of Corrections; State Parole Board; County Prosecutors. |
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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 Cost Increase |
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Indeterminate |
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State Revenue Increase |
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Indeterminate |
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· The Office of Legislative Services (OLS) concludes that upgrading the offense of assault in situations where the victim is disabled or elderly will result in an indeterminate annual increase in State 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 for the upgraded crime established by this bill.
· The following State agencies would incur caseload and expenditure increases: a) County Prosecutors would have to prosecute additional cases; b) the Office of the Public Defender would have to represent additional low-income criminal defendants; c) the Department of Corrections would have to house and care for more individuals who are sentenced to prison terms; d) the Judiciary would have to adjudicate additional complaints and monitor additional probationers; and e) the State Parole Board would have to supervise the return to society of additional convicts.
BILL DESCRIPTION
This bill would upgrade the offense of assault in situations where the victim is disabled or elderly. Under the bill, a person who causes bodily injury to a person with a disability or to a senior citizen who is 60 years of age or older would be guilty of a crime of the third degree, or a crime of the second degree if the victim suffers serious bodily injury, and would be sentenced to a mandatory minimum term of imprisonment of three years.
Under the bill, a "person with a disability" means a person who by reason of a pre-existing medically determinable physical or mental impairment is substantially incapable of exercising normal physical or mental power of resistance, and includes, but is not limited to, a person determined disabled pursuant to the federal Social Security Act or any other governmental retirement or benefits program that uses substantially the same criteria for determining eligibility.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that upgrading the offense of assault in situations where the victim is disabled or elderly will result in an indeterminate annual increase in State 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 for the upgraded crime established in this bill.
Generally, a presumption of non-incarceration applies to first-time offenders of crimes of the third degree. However, the OLS finds that under the provisions of this bill, an imposition of a minimum term of three years during which the defendant is ineligible for parole will apply. Therefore, to the extent it results in incarceration, the Department of Corrections will bear the costs of housing additional inmates. Based on information provided by the Department of Corrections, the projected average annual cost of housing, ensuring security for, and providing services to one incarcerated individual is $78,848 in FY 2026, or approximately $216 per day.
The following State agencies would also likely incur caseload and expenditure increases as a result of the upgrading of assault on victims who are elderly or disabled: a) County Prosecutors would have to prosecute additional cases; b) the Office of the Public Defender would have to represent additional low-income criminal defendants; c) the Judiciary would have to adjudicate additional complaints and monitor additional probationers; and d) the State Parole Board would have to supervise the return to society of additional convicts.
According to the State Parole Board, the annual average marginal cost of supervising one additional parolee is estimated at $4,002 in FY 2026. The average annual cost per parolee, including overhead, is estimated at $6,884 in FY 2026.
The OLS also notes that the State may realize an indeterminate increase in revenue from fines imposed on individuals convicted under the bill. However, the State's ability to collect criminal fines has historically been limited.
A crime of the second degree is punishable by five to ten years of imprisonment, a fine of up to $150,000, or both. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.
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Section: |
Judiciary |
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Analyst: |
Associate Research 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.).