LEGISLATIVE FISCAL ESTIMATE

[First Reprint]

SENATE, No. 2593

STATE OF NEW JERSEY

219th LEGISLATURE

 

DATED: SEPTEMBER 1, 2020

 

 

SUMMARY

 

Synopsis:

Permits retroactive modification of judgments of conviction, including rescinding mandatory minimum periods of parole ineligibility and reducing fixed minimum terms of imprisonment for certain offenses; requires study of DOC’s anticipated expenses to upgrade data infrastructure.

Type of Impact:

Indeterminate Net Impact to the State.

Agencies Affected:

The Judiciary; Department of Corrections; State Parole Board; Office of the Public Defender  

 

 

Office of Legislative Services Estimate

Fiscal Impact

 

Annual 

 

 

State Net Expenditure Impact

 

Indeterminate

 

 

 

 

 

·         The Office of Legislative Services (OLS) concurs with the Judiciary that the enactment of this bill would result in indeterminate State expenditure increase. The Administrative Office of the Courts (AOC) states that the proposed legislation to resentence an indeterminate number of inmates will have a significant fiscal impact on the courts.  However, the courts are not able to determine the costs associated with the legislation without data from the Department of Corrections (DOC) as to the number of inmates eligible for resentencing. The OLS anticipates an increased caseload and administrative burden on the AOC under the provisions of the bill.

 

·          Accelerating the release date of inmates to parole supervision would lower annual DOC expenditures, but absent information from the DOC, the OLS is unable to quantify the reduction in annual DOC operating expenditures. The OLS estimates indeterminate but nominal costs to the DOC to conduct a study on the anticipated expenses to upgrade the department’s existing data infrastructure in order to improve its ability to collect, track, and analyze data related to the criminal justice system.

·         The OLS estimates an increase in expenditure for the State Parole Board (SPB) with additional inmates qualifying for parole.

 

·         The Office of the Public Defender would see an increase in expenses for representing indigent inmates who do not have an attorney.

 

 

BILL DESCRIPTION

 

            This bill, among other things, authorizes the Supreme Court to issue an order to retroactively rescind the mandatory minimum period of parole ineligibility of inmates who committed certain offenses prior to, and who are in the custody of the Department of Corrections (DOC) on, the effective date of the bill.  The offenses eligible for a retroactive modification of judgment, unless the prosecutor filed an objection, include convictions for: 

·        being the leader of a cargo theft network;

·        crimes involving theft from a cargo carrier;

·        shoplifting;

·        wrongful access, disclosure of information;

·        maintaining or operating a controlled dangerous substance production facility;

·        manufacturing, distributing, or dispensing controlled dangerous substances;

·        employing a juvenile in a drug distribution scheme;

·        distribution on or within 1,000 feet of school property;

·        distribution to persons under the age of 18; or

·        mandatory term for repeat drug offenders. 

      The Supreme Court also is authorized under the bill to retroactively modify the judgments of conviction made prior to the bill’s enactment to resentence an inmate to a fixed minimum term of 50 percent of the sentence of incarceration imposed in lieu of the 85 percent fixed minimum term for second degree robbery or burglary, unless the prosecutor objects.

      Additionally, the bill requires the Commissioner of Corrections to conduct a study on the anticipated expenses to upgrade the department’s existing data infrastructure in order to improve its ability to collect, track, and analyze data related to the criminal justice system.  Within six months of the bill’s enactment the commission is to submit a report to the Governor and the Legislature with recommendations for additional funding necessary for the department to invest in upgrades to its data infrastructure. 

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received. However, upon request, the AOC has indicated to the OLS that the bill may have a significant fiscal impact. The AOC states that, “this legislation, which will require the court to resentence an indeterminate number of inmates, will have a significant impact on the courts.  However, the courts are not able to determine the costs associated with the legislation without data from the Department of Corrections as to the number of inmates eligible for resentencing.”

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS concurs with the Judiciary and anticipates an increase in caseload and administrative burden for the AOC. Under the provisions of the bill, the courts are authorized to issue an order retroactively to rescind the mandatory minimum period of parole ineligibility. The bill authorizes the courts to retroactively modify the judgments of conviction made prior to the bill’s enactment to resentence an inmate. There is no further information available to determine the number of offenders who would qualify for resentencing under the provisions of this bill.

      A shift of inmates from State prison facilities to the parole system could potentially reduce the housing costs for the DOC but raise costs of the SPB with an increase in number of inmates qualifying for parole supervision. However, absent information from the DOC, the OLS is unable to quantify the reduction in annual DOC operating expenditures or increase in expenses for the SPB.

      The bill requires the DOC to conduct a study on the anticipated expenses to upgrade the department’s existing data infrastructure in order to improve its ability to collect, track, and analyze data related to the criminal justice system. The costs, likely nominal in amount, associated with this study would be largely for the reimbursement of necessary expenses, including but not limited to travel, office support staff, printing and other miscellaneous costs.

      The Office of the Public Defender may see an increase in expenses for representing additional inmates who do not have an attorney.

 

 

Section:

Judiciary

Analyst:

Anuja Pande Joshi

Assistant Research Analyst

Approved:

Frank W. Haines III

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.).