FISCAL NOTE TO

ASSEMBLY, No. 157

STATE OF NEW JERSEY

DATED: June 7, 1996

      Assembly Bill No. 157 of 1996 would require the court to place all juveniles who have been waived to adult court in any prison, jail or lockup provided that the juveniles are kept separate and apart from any adult inmate. Currently juveniles being held for any charge of delinquency, including juveniles who are 18 years old, are being detained in juvenile detention facilities while they await trial. The court may place a juvenile in an adult detention facility after a hearing on the matter.

      In a fiscal note prepared for the prior legislative session, the Department of Corrections stated that the bill would have no fiscal impact on the department because it addresses the separation of "waived" juveniles prior to conviction. Prior to convictions these juveniles are the responsibility of the counties, and it would be the counties' responsibility to provide facilities "separate and apart" from adults. The department noted that the bill would affect all those juveniles waived to adult court, regardless of whether they were ultimately convicted. Since data concerning the number of juveniles waived are not available, it is not possible to anticipate the extent of impact. However, if the current number of inmates under 18 years of age in adult facilities is used as an indicator of the number of juveniles that the counties would be required to house "separate and apart" from adults, the impact would not be significant. According to the department, there are currently 40 inmates who fit into this category.

      The Administrative Office of the Courts states that the bill would note no fiscal impact on the judiciary, other than to reduce a small number of hearings.

      The Office of Legislative Services concurs.

This fiscal note has been prepared pursuant to P.L.1980, c.67.