FISCAL NOTE TO

ASSEMBLY, No. 451

STATE OF NEW JERSEY

DATED: JULY 24, 1996

      Assembly Bill No. 451 of 1996 requires the Department of Corrections to establish a "People's Prison" for the incarceration of certain hardcore offenders. This special facility would be situated at an adult correctional facility which provides maximum security detention.

      Any person who is convicted for a first offense of murder or manslaughter, aggravated assault, kidnapping, aggravated sexual assault, sexual assault or robbery, which resulted in bodily injury to another person, of being a drug kingpin, or of manufacturing or dispensing a controlled dangerous substance would serve a minimum of one-fifth of the sentence imposed in the People's Prison. For any subsequent offense, the full sentence would be served in the People's Prison.

      The People's Prison would stress a highly structured and regimented daily routine, which includes rigorous discipline and physical labor. Inmates would perform no less than 10 hours per day of physical labor on or off site. An inmate who refuses to participate in physical labor would be confined to his cell. There would be no educational or vocational training in this facility. There are to be no television or telephone privileges, recreational activities or furloughs. An inmate who does not comply with the rules and regulations of the People's Prison may be denied parole.

      The bill requires the Department of Corrections to submit to the Governor and the Legislature an annual report describing and assessing the operation and effectiveness of the People's Prison program.

      The Department of Corrections states that although the bill would not increase admissions or length of stay to the State's correctional institutions, it would increase costs due to the need for maximum security bedspaces for these inmates. Since national standards for maximum security prisons specify one inmate per cell, the cost of construction would be higher. This cost would offset any savings realized from the elimination of treatment, education and recreation programs.

      The department estimates that about 40 percent of the inmate population, or 8,000 inmates have been incarcerated for violent offenses or for drug offenses covered by this bill. Thus, 8,000 maximum security bedspaces would be required. Of these 8,000 bedspaces, 4,000 currently exist in New Jersey State Prison and East Jersey State Prison.

      The department further estimates that about 1,500 medium security beds could be converted to maximum security beds at a cost of about $15,000 per bed, or $22.5 million. An additional $6,000 per inmate per year, or $9 million annually would be incurred to operate these newly converted maximum security bedspaces. In order to perform the conversion, it would be necessary to move the inmates currently in these bedspaces to secure housing elsewhere during construction. The cost of this alternative housing has not been estimated.

      The remaining 2,500 maximum security beds would need to be added at a cost of $100,000 per bed, or $250 million. Operating costs would total $26,000 per inmate, or $74 million annually.

      The Office of Legislative Services notes that the department claims it has no way of determining which inmates are serving time for first or subsequent offenses. Therefore, its estimate is based on the assumption that all of these inmates would be incarcerated for a second offense and a full term within the People's Prison. Since an inmate serving time for a first offense would serve a minimum of one fifth of the sentence imposed, the need for maximum security bedspaces for all of these inmates may not be required. In addition, the possibility of future incarceration at the People's Prison may deter subsequent offenses by these inmates, further reducing inmate population and facility costs.

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