LEGISLATIVE FISCAL ESTIMATE

[First Reprint]

ASSEMBLY, No. 4372

STATE OF NEW JERSEY

219th LEGISLATURE

 

DATED: JULY 31, 2020

 

 

SUMMARY

 

Synopsis:

Provides for resentencing of certain inmates.

Type of Impact:

Indeterminate Net Impact to the State General Fund.

Agencies Affected:

Department of Corrections; State Parole Board; Administrative Office of the Courts; Office of the Public Defender; Office of the Attorney General; County Prosecutors.

 

Office of Legislative Services Estimate

Fiscal Impact

Year 1 

Year 2 

Year 3 

 

State Cost

Indeterminate Net Impact

 

 

 

 

·         The Office of Legislative Services (OLS) estimates that this bill may result in an indeterminate expenditure decrease resulting from the release of certain inmates and an increase in certain administrative costs incurred by the Department of Corrections, the State Parole Board, the Administrative Office of the Courts, the Office of the Public Defender, and the prosecuting agency to process inmate petitions for release. The OLS cannot determine the net effect to the State.

·         The bill may result in an indeterminate expenditure increase to the Department of Corrections associated with assessing inmates for the “Certificate of Eligibility for Resentencing.” The Administrative Office of the Courts and the prosecuting agency may experience increased administrative costs to process inmate petitions for release, as well as notifying victims.

·         The bill may result in decreased expenditures by the Department of Corrections for the incarceration and medical costs of individuals currently incarcerated in State and county prisons once those inmates are released.

 

 

BILL DESCRIPTION

 

      This bill provides for the resentencing of certain inmates.

      Under the provisions of this bill, the Commissioner of Corrections is required to issue a Certificate of Eligibility for Resentencing to any inmate who: 1) committed a crime as a juvenile and was tried as an adult; 2)  received an aggregate sentence of incarceration of 30 years or more; and 3) has served at least 20 years of that sentence.

      The bill provides that an inmate who receives a Certificate of Eligibility for Resentencing and received an aggregate sentence of incarceration with a period of parole ineligibility of 20 years or more, and who has not been resentenced or previously sought relief under the bill, may petition the court for resentencing.  Under the bill, the court, upon consideration of a petition filed by an inmate, may, in its discretion, modify, reduce, or suspend the sentence, including any minimum or mandatory sentence or a portion of the sentence imposed upon the inmate.

      The bill provides that the prosecuting agency is required to notify any victim of the offense committed by the inmate or the nearest relative of a homicide victim of the filing of a motion for resentencing by the inmate.  The prosecuting agency also is to provide notice to the victim or relative of the right to make an updated statement to supplement the presentence report required pursuant to N.J.S.2C:44-6.  The court is required to give the victim or family member the opportunity to present a statement at the hearing on the petition or to testify at the hearing concerning the harm suffered.

      Upon the filing of a motion for resentencing, the bill requires the court to conduct a hearing, unless the court finds that the Certificate of Eligibility for Resentencing issued to the inmate is not valid or its issuance was improper.  At the hearing for resentencing, the court is required to determine whether the offense for which the inmate was convicted was the result of mitigating qualities of youth by consideration of the following additional factors: (1)  the inmate’s age at the time of the offense; (2)  the role of the attendant characteristics of youth in the offense, including impulsivity, risk-taking behavior, immaturity, and susceptibility to peer pressure; (3)  any obstacle the inmate may have faced as a child including abuse or neglect by a parent or other person, developmental disorders, substance abuse, addiction, trauma, poverty, and lack of education; (4) any effort the inmate has made to overcome the obstacles the inmate has faced; 5)  the inmate’s attempt at rehabilitation since incarceration, including but not limited to participation in available rehabilitative, educational, or other programs; (6)  whether the inmate poses the same risk to society posed at the time of the initial sentence; and (7) any additional evidence of maturity, growth, self-improvement, and consideration of the welfare of others.

      Under the bill, if the court finds by a preponderance of the evidence that the offense for which the inmate was convicted and sentenced was the result of mitigating qualities of youth, the court is required to resentence the inmate to a term that allows the inmate a meaningful opportunity for release, unless the court finds by clear and convincing evidence that the offense for which the inmate was convicted and sentenced reflects irreparable corruption.  If the court finds that the offense reflects irreparable corruption, the court is not to resentence the inmate regardless of the findings of the mitigating qualities of youth.  If the sentencing court reduces the sentence pursuant to the provisions of this bill, the sentence is not to become final for 10 days to allow the prosecutor to appeal the sentence.

      The bill allows an inmate to make one motion pursuant to the bill’s provisions.

      Finally, the bill applies retroactively to any eligible inmate who was sentenced as a juvenile prior to the bill’s effective date.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS estimates that this bill may result in an indeterminate expenditure decrease resulting from the release of certain inmates and an increase in certain administrative costs incurred by the Department of Corrections, the State Parole Board, the Administrative Office of the Courts, and prosecuting agencies.

      The OLS estimates that this bill may result in an indeterminate expenditure increase in certain administrative costs incurred by the Department of Corrections, the State Parole Board, the Administrative Office of the Courts, the Office of the Public Defender, and the prosecuting agency.

      The bill may result in indeterminate expenditures due to increased administrative costs by the Department of Corrections associated with assessing inmates for the “Certificate of Eligibility for Resentencing” as well as the notification process.

      The Administrative Office of the Courts, the Office of the Public Defender, and the prosecuting agency may experience increased administrative costs to process inmate petitions for release. The OLS anticipates that initially, this bill would result in a short term increase in 1) hearings by judges and 2) community notification by local law enforcement.

      This bill may also result in cost savings for the Department of Corrections, as the department is currently funding all incarceration and medical costs for inmates, as well as the costs to incarcerate those individuals who are incarcerated in State and county prisons. According to information obtained from the DOC, the average annual per capita cost to house an inmate in a State prison facility during FY 2019 totals $50,191. However, the OLS notes that because the DOC is currently experiencing a reduction in the State sentenced prison population, the department should be able to house these additional inmates within its current institutional facilities incurring a much lower marginal cost of $8.60 per day or $3,139 annually per inmate, for food, wages and clothing.

 

 

Section:

Law and Public Safety

Analyst:

Ian Siracusa

Associate Counsel

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.).