FISCAL NOTE TO

[First Reprint]

SENATE, No. 1084

STATE OF NEW JERSEY

DATED: JUNE 9, 1997

      Senate Bill No. 1084 (1R) of 1996 would create monetary penalties to be imposed on persons convicted of arson. A penalty of $1,000 would be imposed on adults convicted of the crime of arson and $250 on juveniles adjudicated delinquent for arson. Moneys collected as a result of these penalties would be deposited in the Arson Investigation Fund established by this bill and distributed to the counties to help in the investigation and prosecution of arson cases.

      Under the bill, the Attorney General would devise a formula for distributing the available funds among the counties based on numbers of convictions and adjudications and the seriousness of the underlying offenses. The bill authorizes the Department of Law and Public Safety to use an amount not to exceed 5 percent of the monies deposited in the fund to offset administrative expenses.

      The bill also provides that the monies distributed from the fund would be used exclusively for the purpose of investigating and prosecuting arson cases and would supplement and not replace monies budgeted for such investigation and prosecutions.

      The Administrative Office of the Courts (AOC) states that about 107 adults are convicted of arson each year, yielding a revenue of $107,000 per year. About 122 juveniles are adjudicated delinquent for arson each year generating revenue of $30,500 each year, for a total annual revenue of $137,500. Of this amount 5 percent, or $6,875 would be made available to the Office of the Attorney General for administrative expenses and $130,625 would be deposited in the Arson Investigation Fund.

      The AOC further notes that this assessment falls sixth on a list of priorities to which assessments owed by offenders are paid. As a result, this assessment will not be paid until the offender has satisfied any debt owed to the other entities with higher payment priorities, such as the Victims of Crime Compensation Board. Therefore, it is likely that the full amount owed by these offenders may not be paid in a timely manner, or it may not be paid at all.

      The Office of Legislative Services concurs.

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