LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY, No. 678
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: JUNE 23, 2023
SUMMARY
Synopsis: Authorizes funding to protect safety of cooperating witnesses; expands
Crime Victim's Bill of Rights to provide these witnesses with certain
guarantees.
Type of Impact: Annual State Expenditure Increases.
Agencies Affected: Department of Law and Public Safety; County Prosecutors.
Office of Legislative Services Estimate
Annual Fiscal Impact
State Expenditure Increase Up to $1,000,000
The Office of Legislative Services (OLS) finds that the bill may result in additional annual
State expenditures of up to $1 million from the Victim and Witness Advocacy Fund to provide
additional services and to ensure existing services are provided to victims and witnesses of
crimes. The OLS, however, cannot assess the exact magnitude of the increases given the
confidential nature of the information regarding the cooperating witnesses, and bases the
estimate on historical account information.
The bill clarifies, and potentially expands, the Victim and Witness Advocacy Fund award
reimbursements to include certain services a cooperating witness to a crime may receive and
includes reimbursements to certain organizations providing services, and therefore potentially
increases payments related to caring for and protecting witnesses of crime.
BILL DESCRIPTION
This bill specifically authorizes the Victims of Crime Compensation Office to pay expenses
related to protecting the safety of cooperating witnesses. The bill defines a “cooperating witness”
as a witness who testifies for the government to help prosecute a crime, and includes a confidential
informant.
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
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The bill also authorizes the Division of Criminal Justice in the Department of Law and Public
Safety to award grants from the Victim and Witness Advocacy Fund to public entities and not-for-
profit organizations to provide services that protect the safety of cooperating witnesses.
Finally, the bill amends the Crime Victim’s Bill of Rights to expand the rights of cooperating
witnesses. The bill gives these witnesses the right to be provided assistance before and during trial
to cope with the psychological and practical obstacles of testifying. These witnesses also would
be given the right to receive protective measures before, during, and after a hearing or trial and to
have established court procedures ensuring their safety while testifying.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that the bill may result in additional annual State expenditures of up to $1
million from the Victim and Witness Advocacy Fund to provide additional services and to ensure
existing services are provided to victims and witnesses of crimes. The OLS, however, cannot
assess the exact magnitude of the increases given the confidential nature of the information
regarding the cooperating witnesses, and bases the estimate on historical account information.
The bill clarifies, and potentially expands, the Victim and Witness Advocacy Fund award
reimbursements to include certain services a cooperating witness to a crime may receive and
includes reimbursements to certain organizations providing services, and therefore potentially
increases payments related to caring for and protecting witnesses of crime.
The Victim and Witness Advocacy Fund receives its resources from assessments levied on
certain criminal offenders at sentencing. Additionally, in FY 2022 a $500,000 State appropriation
began to supplement the resources in the fund. Annual budget authority provides that unexpended
account balances may be carried forward to the following year. The account balances support the
State Office of Victim Witness Advocacy in the Division of Criminal Justice and county
prosecutor’s offices of victim witness advocacy. Fund resources are to be used to provide services
to victims and witnesses of crimes and cover related administrative costs. Since FY 2018, the
average annual expenditure from the fund is $714,394.
Victims and Witness Advocacy Fund
Fiscal Year Budget Authority Expenditures
FY 2023 $1,377,918 $637,901
FY 2022 $852,954 $301,824
FY 2021 $850,000 $418,411
FY 2020 $889,699 $812,920
FY 2019 $1,572,919 $752,594
FY 2018 $2,080,179 $1,362,713
The bill may additionally increase the administrative workload of the Victims of Crime
Compensation Office and of county prosecutors related to additional reimbursement and services
provided for cooperating witnesses. The OLS finds these potential administrative costs to be
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indeterminate, but notes that the Victim and Witness Advocacy Fund may be utilized for
administrative costs.
Section: Law and Public Safety Section
Analyst: Kristin Brunner Santos
Lead Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).
Statutes affected: Introduced: 52:4B-12.1, 52:4B-36, 52:4B-43.1