FISCAL NOTE TO


ASSEMBLY, No. 454


STATE OF NEW JERSEY

 

DATED: SEPTEMBER 13, 1996

 

      Assembly Bill No. 454 of 1996 provides for mandatory restitution by criminal defendants to the victim or victim's family. Only the victim or his representative may waive this requirement. In property cases restitution is limited to the value of the property taken or damaged. In cases involving personal injuries restitution shall include medical expenses, funeral and burial expenses, and lost income. Items such as valuation of life or loss or impairment of the function of an organ or limb, loss of future earnings, pain and suffering and loss of consortium are not included.

      The amount of restitution shall not be limited by a reduction in charges or pursuant to a plea bargain. Restitution shall be in addition to any civil remedy available to a victim, but any amount recoverable in a civil proceeding shall be reduced by the amount of restitution ordered pursuant to this bill.

      The Administrative Office of the Courts (AOC) states that in the second half of calendar year 1995, there were about 7,180 offenses under Title 2C involving victims. Based on this number, the AOC estimates that about 14,360 offenders per year could be subject to pay restitution as is stipulated by the bill. The AOC adds that it does not collect data on the monetary value of losses incurred by victims. The AOC also states that since the bill does not change any existing mandates on probation, the bill will not exact additional expenses or create revenue for the Judiciary.

      The Office of Legislative Services concurs, and adds that since many offenders are found to be indigent the actual collections would be less than the amount owed.

 

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