LEGISLATIVE FISCAL ESTIMATE

[First Reprint]

SENATE, No. 1090

STATE OF NEW JERSEY

222nd LEGISLATURE

 

DATED: JUNE 12, 2026

 

 

SUMMARY

 

Synopsis:

Creates crime of political violence and establishes training requirement for law enforcement.

Type of Impact:

Annual expenditure and revenue increases to the State; annual local government expenditure net increases.

Agencies Affected:

Department of Law and Public Safety; Department of Corrections; the Judiciary; Office of the Public Defender; State Parole Board; local governments.

 

Office of Legislative Services Estimate

Annual Fiscal Impact

 

State Expenditure Increase

Indeterminate

State Revenue Increase

Indeterminate

Local Expenditure Net Increase

Indeterminate

 

·         The Office of Legislative Services (OLS) anticipates that the Department of Law and Public Safety, the Department of Corrections, the State Parole Board, Office of the Public Defender, county prosecutor’s offices, State and local law enforcement agencies, and the Judiciary would incur indeterminate additional annual operating expenses from the implementation of this bill from: 1) establishing, disseminating, and implementing the training curriculum; 2) training investigators and prosecutors; 3) investigating, enforcing, prosecuting, and trying the offense established by the bill; and 4) incarcerating any offenders and overseeing their return to society.

 

·         The bill requires the Division of Criminal Justice in the Department of Law and Public Safety to establish a law enforcement training course on handling, investigating, and responding to reported violations of the newly created crime of political violence and to disseminate the training course to law enforcement Statewide. The OLS finds that the bill would increase the workload of the division, as well as that of State and local law enforcement agencies, in implementing the training. However, the OLS cannot determine the manner in which State, county, and municipal entities will reallocate existing resources to implement the bill’s provisions.

·         Municipal courts would have to adjudicate fewer cases under the bill since political violence would be a crime of the fourth degree if the underlying offense is a disorderly persons offense or petty disorderly offense and would be adjudicated in Superior Court, which would result in a reduction in municipal court costs and an increase in costs to the Judiciary. 

·         The OLS notes that the State would receive indeterminate revenues from the fees and fines imposed on individuals convicted of the new crime; however, the State’s ability to collect fines has historically been limited.

 

 

BILL DESCRIPTION

 

      This bill creates the new crime of political violence and establishes a training requirement for law enforcement officials.

      Under the bill, political violence occurs when a person commits, attempts to commit, or conspires with another to commit certain criminal offenses as listed in the bill against the target or other victim, a family or household member of the target or other victim, or a bystander with a purpose to interfere with or retaliate against the victim because of the victim’s political participation or expression or the political participation or expression of another.

      Political violence is graded as a crime one degree higher than the most serious underlying crime. However, where the underlying crime is a crime of the first degree, political violence is a first-degree crime and, upon conviction, the sentence would be an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years. When the underlying crime is a disorderly persons offense or petty disorderly persons offense, political violence will be graded as a crime of the fourth degree. This enhanced grading would move these cases from municipal courts to the Superior Court.

      The bill requires the Division of Criminal Justice, in the Department of Law and Public Safety, to establish a training course and curriculum on handling, investigating, and responding to reported violations of the newly created crime of political violence. The bill requires law enforcement officers to attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours. Once every three years, this in-service training requirement shall be satisfied through in-person instructor-led training.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS anticipates that the Department of Law and Public Safety, the Department of Corrections, the State Parole Board, the Office of the Public Defender, county prosecutor’s offices, State and local law enforcement agencies, and the Judiciary would incur indeterminate additional annual operating expenses from the implementation of this bill from: 1) establishing, disseminating, and implementing; 2) training investigators and prosecutors; 3) investigating, enforcing, prosecuting, and trying the offense established by the bill; and 4) incarcerating any offenders and overseeing their return to society. The State would also receive indeterminate additional annual revenue from fines and penalties imposed on and collected from individuals convicted of the offense established by this bill.

      The OLS, however, lacks sufficient information to quantify the bill’s fiscal impacts. It is unclear how many persons would be prosecuted, tried, and sentenced for the crime of political violence in the fiscal years following enactment. The OLS notes, however, that municipal courts would have to adjudicate fewer cases under the bill since political violence would be a crime of the fourth degree if the underlying offense is a disorderly persons offense or petty disorderly offense and would be adjudicated in Superior Court, which would result in a reduction in local government costs and an increase in costs to the Judiciary. 

 

      State and Local Expenditure Increases:

      The bill establishes a training requirement for law enforcement officers and prosecutors who investigate and prosecute political violence. The Division of Criminal Justice, within the Department of Law and Public Safety, is responsible for the creation of the training course and curriculum on the handling, investigating, and responding to reported violations of the newly created crime of political violence. State, county, and local law enforcement are required to attend the annual training.

      The OLS finds that the bill may increase the workload of the division for the development of the training, as well as State and local law enforcement in the implementation of the training. However, the OLS cannot determine the manner in which State, county, and municipal entities will reallocate existing resources to implement the bill’s provisions.

 

      Penalty Upgrade: The bill requires that political violence be graded as a crime one degree higher than the most serious underlying crime. The bill’s establishment of political violence crimes will increase the workload of the Division of Criminal Justice in the Department of Law and Public Safety, county prosecutor’s offices, Department of Corrections, the State Parole Board, and the Office of the Public Defender, which would have to represent additional low-income criminal defendants, as additional defendants may be prosecuted and tried under the upgraded penalties established in the bill.

      Crimes of the first, second, third, and fourth degree are adjudicated in the Superior Court. Thus, the Superior Court would have to adjudicate and sentence additional cases and monitor additional probationers. The OLS notes that, to the extent the bill results in additional incarcerations, the Department of Corrections and the State Parole Board, upon the release of a convicted person, would incur additional costs.

      Based on information provided by the Department of Corrections, the average annual cost of incarceration is projected to be $78,848 per incarcerated person in FY 2026, and the marginal annual cost of housing one additional incarcerated person, accounting for food, clothing, and wages, is projected to be $4,385. However, where the underlying crime is a crime of the first degree, political violence would still be a crime of the first degree and, upon conviction, the sentence would be an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.

      According to the State Parole Board, the annual average marginal cost to supervise one additional parolee is estimated at $4,002 for FY 2026. The average cost per parolee, with all overhead costs included, is estimated at $6,884 for FY 2026.

 

      State Revenue Increases: The OLS notes that the State would receive indeterminate annual revenues from fines and penalties imposed on individuals convicted of the offense established by the bill. The OLS anticipates collections from court fees and penalties to grow in tandem with the caseload; however, the State’s ability to collect criminal penalties has historically been limited.

Section:

Law and Public Safety

Analyst:

Kristin Brunner Santos

Lead Fiscal Analyst

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.).