LEGISLATIVE FISCAL ESTIMATE

ASSEMBLY, No. 5445

STATE OF NEW JERSEY

218th LEGISLATURE

 

DATED: JUNE 19, 2019

 

 

SUMMARY

 

Synopsis:

Requires AG to establish program to detect fentanyl in State's illegal drug supply and make information related to presence of fentanyl available in database accessible by law enforcement.

Type of Impact:

Annual State expenditure increase; General Fund

Annual local government expenditure increase

Agencies Affected:

Department of Law and Public Safety; Department of Health; and local law enforcement agencies.

 

 

Office of Legislative Services Estimate

Fiscal Impact

Year 1 

Year 2 

Year 3 

 

 

State Expenditure Increase

Local Government Expenditure Increase

Indeterminate

Indeterminate

 

 

 

 

·         The Office of Legislative Services (OLS) finds that the bill will cause indeterminate annual expenditure increases to the Department of Law and Public Safety (LPS) and the Department of Health (DOH) from the establishment of a program to test for and monitor the presence and content of fentanyl in illegal substances seized by law enforcement agencies in the State.

 

·         The Division of State Police and local law enforcement officers would be required to test all seized controlled dangerous substances for the presence of fentanyl using the most current drug testing techniques available, including fentanyl strips.  The OLS notes that these strips generally cost $1 to $2 per test, but it is not known how many would be purchased and how often new testing techniques are made available.  The bill does not specify whether the State or local law enforcement agencies would be responsible for the cost of providing the fentanyl testing devices or for any requisite training by the officers.

 

·         The bill requires the Attorney General, in consultation with the Commissioner of Health, to establish a database that contains pertinent information on the presence and content of fentanyl in seized drugs that is accessible by all law enforcement agencies in the State.  This requirement may add additional costs to the LPS to develop the database and may necessitate additional expenditures by the LPS and local law enforcement agencies to continuously update the database as new information becomes available.

BILL DESCRIPTION

 

      This bill requires the Attorney General, in consultation with the Commissioner of Health, to establish a program to detect fentanyl in the State’s illegal drug supply and make information related to the presence of fentanyl available in a database that is accessible by law enforcement.

      This bill requires the Attorney General to establish a program for testing all controlled dangerous substances seized by law enforcement officers in the State for the presence of fentanyl. Any available information related to the presence and content of fentanyl in the substance tested is to be reported to the Attorney General in a timely manner.

      The information received as a result of the testing is to be compiled into a database that is accessible by all law enforcement agencies throughout the State. The information shall be continuously updated to reflect the most current information available concerning the presence of fentanyl in illegal substances in the State.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that the bill will cause indeterminate annual expenditure increases to the Department of Law and Public Safety, the Department of Health, and local law enforcement agencies from the establishment of a program to test for and monitor the presence and content of fentanyl in illegal substances seized by law enforcement agencies in the State.  The Division of State Police and local law enforcement officers would be required to test all seized controlled dangerous substances for the presence of fentanyl using the most current drug testing techniques available, including fentanyl strips.  These strips generally cost $1 to $2 per test, but it is not known how many would be purchased and how often new testing techniques are made available and what their cost might be.  The bill does not specify whether the State or local law enforcement agencies would be responsible for the cost of providing the fentanyl testing devices.  The OLS is also uncertain if a Statewide training program will be required for law enforcement officers to detect fentanyl in any confiscated drugs or whether there are any Attorney General directives regarding the practice of evaluating the chemical components of confiscated drugs.

     The bill requires the Attorney General, in consultation with the Commissioner of Health, to establish a database that is accessible by all law enforcement agencies in the State.  There may be additional costs to develop and continuously update the database and to make sure that all law enforcement agencies have access to it.  Depending on the resource allocation policies of the affected agencies, the added responsibilities may or may not augment State and local government administrative expenditures.

      For context, in 2017 there were 1,969 drug overdose deaths involving opioids in New Jersey, which is 50 percent higher than the national rate.  According to NJ Cares, there were 1,429 fentanyl specific overdose deaths in 2017.

Section:

Law and Public Safety

Analyst:

Kristin Brunner Santos

Senior Fiscal 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.).