FISCAL NOTE TO

ASSEMBLY, No. 1066

STATE OF NEW JERSEY

DATED: APRIL 2, 1997

      Assembly Bill No. 1066 of 1996 would establish "sex offender free zones" around schools, playgrounds and child care centers. Under the provisions of the bill, persons who have been convicted, adjudicated delinquent or found not guilty by reason of insanity of a sexual offense, and required to register under the provisions of "Megan's Law", are prohibited from entering upon, or coming within 1,000 feet of any school property, playground or child care center, or boarding or attempting to board a school bus, unless their reason for entering that property or area is "manifestly appropriate or justified." Violators would be guilty of a crime of the third degree, and be subject to a fine of not more than $7,500, imprisonment for a term of three to five years, or both.

      The Administrative Office of the Courts (AOC) states that based on available data, about 280 offenders per year could be required to register under "Megan's Law" and would be proscribed from entering the "sex offender-free zones" that this bill would create. However, no information is available concerning the number of individuals who, prohibited from entering these zones, would actually do so, and be subject to the penalties imposed.

      The Department of Corrections notes that since the bill imposes incarceration on offenders, 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 would be required.

      The Office of Legislative Services notes that there is a presumption of non-incarceration for a first-time offender convicted of a third-degree crime. However, for those offenders who would be incarcerated in a State institution, it would cost the State about $26,000 per year to house each. If the State were able to house these inmates in a county jail facility, it would cost about $22,000 per inmate per year. If it become necessary to construct additional bed spaces for these offenders, it would cost about $95,000 per maximum security bed and $50,000 per minimum security bed.

      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 public recreation facilities and day care centers. No estimate of these costs is provided.

      The Office of Legislative Services notes that the Department of Corrections currently produces "Drug Free School Zone" signs, and would be able to produce signs as necessary for the purposes of this bill. While there is no information available concerning the number of child care centers and playgrounds which would choose to post signs, the Department of Corrections notes that currently it sells signs and posts to government agencies for about $25 to $35 each, depending upon the size of the sign. The department notes that volume discounts are available, so the actual cost to the purchaser may be less.

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