LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
SENATE, No. 3771
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: JULY 5, 2023
SUMMARY
Synopsis: Eliminates fees, liens, and warrants issued for Public Defender
services.
Type of Impact: A State revenue decrease to the General Fund.
Agencies Affected: Department of the Treasury.
Office of Legislative Services Estimate
Fiscal Impact Year 1 Year 2 Year 3
State Revenue Decrease Approx. $4 million Indeterminate Indeterminate
The Office of Legislative Services (OLS) finds that this bill will result in an approximate
revenue loss of $4 million in the first year and indeterminate losses in the following years. This
bill repeals the law concerning fees for services rendered by the Office of the Public
Defender. According to the FY 2024 Governor’s Budget, the FY 2023 Public Defender
Client Fees are estimated at $4 million. The OLS does not have revenue projections for the
following years. However, in the last five years, between FY 2018 to FY 2022, the client
receipts and collections have averaged at a little less than $4 million.
BILL DESCRIPTION
This bill eliminates and repeals the law concerning the reimbursement of costs for services
rendered by the State’s Office of the Public Defender, which represents indigent defendants in the
Superior Courts.
Current law provides that in all cases where it appears that the defendant has the means to meet
some of the cost of the services rendered by the Office of the Public Defender, the defendant is
required to provide reimbursement. In addition, the Office of the Public Defender is required to
place a lien on any kind of property of the defendant whenever the reasonable value of the services
rendered to that defendant appears to exceed $150, and is permitted to place a lien where the
reasonable value appears to be less than $150.
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
FE to S3771 [1R]
2
Any unpaid outstanding costs previously assessed or imposed upon a defendant, as well as any
unsatisfied civil judgements, liens on property, and warrants issued based on the unpaid balances,
for services rendered by the Office of the Public Defender, are vacated. This bill also repeals the
sections of the law pertaining to the reimbursement of costs for services rendered by the office,
and the recoupment of such costs.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS estimates a revenue decrease of approximately $4 million from this bill repealing
the law concerning fees for services rendered by the Office of the Public Defender. The fee
collection, on average, in the last five years has been a little less than $4 million. The State
would also forego revenues from any unpaid balances currently due.
Section: Judiciary
Analyst: Anuja Pande Joshi
Senior 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: Advance Law: 2A:158A-5
Pamphlet Law: 2A:158A-5