FISCAL NOTE TO
[First Reprint]
SENATE, No. 338
STATE OF NEW JERSEY
DATED: MARCH 7, 1997
Senate Bill No. 338 (1R) of 1996 would provides that an inmate would be eligible for parole after serving 85 percent of the sentence imposed if convicted of a crime of the first or second degree involving violence. In all other cases, inmates would be eligible for parole after serving one-half of the sentence imposed. The bill would also amend several sections of Title 2C which mandate minimum terms of imprisonment without eligibility for parole for certain offenses.
The Department of Corrections states that enactment of the bill would increase the length-of-stay for adult commitments. This, in turn, would increase the number of inmates to be housed, and create a need for additional bed spaces.
Currently, inmates committed for violent crimes serve about 42-50 percent of total term, while those committed for non-violent crimes serve approximately 39 percent of total term prior to parole release. Based on its admissions and length of stay data, the department estimates that the bill would result in the need to house a minimum of 8,600 more inmates than would be expected under the current statutes and provisions. Of these, 5,800 would be violent offenders and 2,800 would be non-violent offenders. Impact would begin to accrue in the second year after enactment and full impact of this bill would be achieved after year 17.
According to the department, the average cost of housing an inmate in a State institution is currently $26,000 per year. The one-time cost of building additional maximum security bed space for violent offenders is about $95,000 per inmate; for medium security non-violent offenders bed spaces, the one-time cost is about $50,000 per bed space. The department notes that its estimate for maximum security bed spaces has increased from $80,000 cited in previous fiscal notes, to $95,000 to reflect current construction costs.
Under the proposed bill, the State would incur additional ongoing operating costs of $3.7 million during the second year, increasing to $43.5 million during the third year, and $95.1 million during the fourth year of implementation. One-time capital expenditures would total $7.1 million during the second year, $90 million during the third year, and $131.6 million during the fourth year of implementation. By year 17, the year in which additional costs should stabilize, the State would have incurred additional operating costs of $224 million per year and one-time capital costs of $691 million to provide the necessary prison beds. Below are two charts illustrating the incremental and total costs of implementing the bill by year.
VIOLENT OFFENDERS
Annual Add Total Add
Additional Capital Per Capita Per Capita
Violent Costs Per Operating Operating
Year Inmates New Bed Costs Costs
@$95,000 @$26,000
1 0 $ 0 $ 0 $ 0
2 0 0 0 0
3 300 28,500,000 7,800,000 7,800,000
4 716 68,020,000 18,616,000 26,416,000
5 878 83,410,000 22,828,000 49,244,000
6 477 45,315,000 12,402,000 61,646,000
7 690 65,550,000 17,940,000 79,586,000
8 582 55,290,000 15,132,000 94,718,000
9 433 41,315,000 11,258,000 105,976,000
10 465 44,175,000 12,090,000 118,066,000
11 212 20,140,000 5,512,000 123,578,000
12 234 22,230,000 6,084,000 129,662,000
13 234 22,230,000 6,084,000 135,746,000
14 167 15,865,000 4,342,000 140,088,000
1 5 177 16,815,000 4,602,000 144,690,000
16 130 12,350,000 3,380,000 148,070,000
17 105 9,975,000 2,730,000 150,800,000
Total Violent Offenders
5,800 $551,000,000 $150,800,000
NON-VIOLENT OFFENDERS
Annual Add Total Add
Additional Capital Per Capita Per Capita
NonViolent Costs Per Operating Operating
Year Inmates New Bed Costs Costs
@$50,000 @$26,000
1 0 $ 0 $ 0 $ 0
2 142 7,100,000 3,692,000 3,692,000
3 1,230 61,500,000 31,980,000 35,672,000
4 1,271 63,550,000 33,046,000 68,718,000
5 144 7,200,000 3,744,000 72,462,000
6 5 250,000 130,000 72,592,000
7 0 0 0 72,592,000
8 0 0 0 72,592,000
9 0 0 0 72,592,000
10 0 0 0 72,592,000
11 4 200,000 104,000 72,696,000
12 4 200,000 104,000 72,800,000
13 0 0 0 72,800,000
14 0 0 0 72,800,000
15 0 0 0 72,800,000
16 0 0 0 72,800,000
17 0 0 0 72,800,000
Total Non-Violent Offenders
2,800 $140,000,000 $72,800,000
TOTAL ALL OFFENDERS
8,600 $691,000,000 $223,600,000
In fiscal notes to similar bills, the department also stated that ultimately the bill would yield a reduction in the number of offenders assigned to parole supervision caseloads. The timing of this anticipated reduction of caseload and how it would affect the additional institutional operating costs cannot be currently determined. However, assuming that the current parole requirements remain as they are, the savings in parole supervision would be about $1,250 per inmate per year, thus reducing the total operating costs of the bill by $10.75 million, to $212,850,000.
The department further states that while it could be eligible for partial reimbursement of capital expenditures based in the provisions of the federal Violent Crimes Control and Enforcement Act of 1994, it is not known what percentage of the total amount would be offset by federal funds.
The Office of Legislative Services adds that the department was not able to quantify any deterrent effect of the increased sentence to potential offenders, nor did it take into account the recidivists who would not re-offend because they would continue to be incarcerated for their first offense. To the extent the enactment of the bill would have a deterrent effect or would reduce recidivism, the cost of the bill might be lower than that estimated.
This fiscal note has been prepared pursuant to P.L.1980, c.67.