ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4368

with committee amendments

STATE OF NEW JERSEY

DATED:  JULY 27, 2020

      The Assembly Appropriations Committee reports favorably Assembly Bill No. 4368 with committee amendments.

      As amended, this bill would expand the current conditional dismissal program in municipal court to include certain drug offenses. As introduced, the bill had added disorderly persons and petty disorderly persons drug offenses, as well as fourth degree drug crimes, to the conditional dismissal program. The committee amendments delete the provision concerning fourth degree crimes.  Thus, under the amendments, only disorderly persons offenses and petty disorderly persons drug offenses would be added to the conditional dismissal program under the bill. 

      The amendments also require the defendant to successfully complete any programs and services as directed by the court, and to provide the court with proof of such completion.

COMMITTEE AMENDMENTS:

      1.   Delete provisions in the bill concerning drug offenses constituting crimes of the fourth degree.

      2.   Require defendant to successfully complete programs and services directed by the court and provide the court with proof of completion.

FISCAL IMPACT:

      The Office of Legislative Services (OLS) estimates that the bill would result in an indeterminate increase in annual State expenditures. The bill would expand the current conditional dismissal program in municipal court to include certain drug offenses, thereby increasing the number of defendants under probation monitoring status.  However, the OLS does not have sufficient information to determine how many individuals would qualify under the expanded conditional dismissal program to project the cost of the bill.

      Under the provisions of the bill, participation in the conditional dismissal program requires court mandated participation in appropriate programs and services free of cost to the defendant. The services include, but are not limited to, health and mental health services, substance abuse treatment, housing assistance, and educational assistance. The OLS is unable to project the fiscal cost to the State as there is no available data on the number of eligible individuals who would participate in these programs.