FISCAL NOTE TO

ASSEMBLY, No. 351

STATE OF NEW JERSEY

DATED: NOVEMBER 14, 1996

      Assembly Bill No. 351 of 1996 would make convicted sexual offenders responsible for the cost of DNA testing. DNA tests are required to be performed on blood samples of sexual offenders pursuant to P.L.1994, c.136. In order to ensure that the cost of this testing is collected, this bill authorizes the State to place a lien against the property and income of the sexual offender for the total cost of the DNA testing. The bill sets forth the procedures for the filing of such liens, which would have priority over all unrecorded encumbrances except for any restitution, assessments or fines imposed.

      The Division of State Police, which is responsible for conducting DNA tests, informally estimates that DNA tests will be required for approximately 1,100 sexual offenders a year at a cost of about $1,380 per laboratory test. According to the terms of the bill, each offender would be liable for this amount. Thus revenues of approximately $1.5 million a year would be derived by the State under this bill if the full cost of DNA testing could be recovered.

      The Department of Corrections (DOC) states that many State sentenced prison inmates are indigent and unable to meet the financial requirements currently imposed upon them for fees, fines and assessments. Therefore, it is not likely that a high percentage of the cost of the DNA testing will be recovered.

      The Office of Legislative Services (OLS) concurs but notes that the DOC is in the process of replacing its present obsolete computer equipment. When the replacement is completed, the DOC estimates that it will be able to increase its inmate and parolee collections. Thus, the potential exists that DOC will collect an increasing portion of the amount owed by inmates for DNA testing. It also should be noted that certain types of sex offenders may have greater assets than the general prison population.

      The OLS further observes that the State will incur collection costs in filing liens against the property and income of sexual offenders under this bill. Information provided by the Department of Law and Public Safety indicates the cost of placing a lien against the property and income of offenders subject to the provisions of this bill would be $124,700 in the first year following enactment. A portion of this cost may be recoverable from the proceeds of the lien.

      Information provided informally by the Administrative Office of the Courts indicates that the cost to the courts to implement this bill would be nominal.

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