FISCAL NOTE TO

ASSEMBLY, No. 441

STATE OF NEW JERSEY

DATED: SEPTEMBER 13, 1996

      Assembly Bill No. 441 of 1996 provides that a person who distributes, dispenses or possesses with intent to distribute any controlled dangerous substance on or within 100 feet of a State, municipal or county playground or place of public resort and recreation between the hours of 7 a.m. and 11p.m., or within 100 feet of such playground or place of public resort and recreation between these hours, is guilty of a crime of the second degree and shall be sentenced by the court to a mandatory minimum term of imprisonment for two years, during which the defendant shall be ineligible for parole. The bill also requires the State, municipality or county to post signs on the restricted locations identifying them as "Drug Free Recreation Zones".

      In a fiscal note for "drug free zone" legislation in a prior Legislative session, the Department of Law and Public Safety has stated that although there would be no fiscal impact on the department for similar bills, the county or municipal engineer may incur costs for the production of maps depicting the boundaries of a public recreation facilities. No estimate of these costs is provided.

      The Administrative Office of the Courts (AOC) states that in the second half of calendar year 1995, there were about 1,500 sentences for offenses specified by this bill. Based on this number, the AOC estimates that about 3,000 offenders per year could be subject to the additional sanctions specified by the bill. The AOC adds that it does not collect data on where these offenses occurred.

      The AOC notes that since the bill makes it a second degree crime to distribute, dispense or possess with intent to distribute controlled dangerous substances on or within 100 feet of public recreation facilities, convictions under this subsection would likely lead to an increase of sentences to the State prisons. This is because there is a presumptive term of imprisonment for all second degree crimes.

      The Department of Corrections notes that since the bill imposes a minimum mandatory sentence of two years, it would increase the number of bed spaces required at the State's correctional institutions and increase the department's total operating costs. There are no data available to estimate the total number of additional bed spaces that will be needed.

      The Office of Legislative Services concurs and adds that the cost of housing an inmate in a State institution is about $26,000 per year. If it become necessary to construct additional bed spaces for these inmates, it would cost about $80,000 per new bed.

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