FISCAL NOTE
ASSEMBLY, No. 5671
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: JULY 5, 2023
SUMMARY
Synopsis: Directs Office of the Public Defender to provide representation at
parole revocation proceedings.
Type of Impact: Annual State expenditure increase.
Agencies Affected: The Office of the Public Defender.
Executive Estimate
Fiscal Impact FY 2024
Annual State Cost Increase $1,113,000
Office of Legislative Services Estimate
Fiscal Impact FY 2024
Annual State Cost Increase Indeterminate
 The Office of Legislative Services (OLS) concludes that requiring the Office of the Public
Defender to provide representation at parole revocation proceedings would result in
indeterminate annual cost increases to the State.
 In response to an FY 2024 OLS Discussion Point, the Office of the Public Defender indicated
that the estimated annual cost of a fully reconstituted Parole Revocation Unit would be $1.1
million. The OLS does not have sufficient information to confirm this cost estimate.
BILL DESCRIPTION
This bill establishes a unit within the Office of the Public Defender responsible for providing
legal representation to any person on parole who is charged with violation of that parole or who is
under consideration for revocation of parole.
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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FISCAL ANALYSIS
EXECUTIVE BRANCH
The OLS has not received a formal fiscal note on this bill. However, in response to an FY
2024 OLS Discussion Point, the Office of the Public Defender indicated that “[c]urrently the
representation of parolees at revocation hearings is prohibited for the public defender and the
burden falls to the New Jersey Bar Association currently performing pro bono work for indigents
per the ‘Madden System.’ In order for the Office of the Public Defender to provide this
representation to effect change and provide adequate representation, additional staff resources
would be required. Based on reports from the Parole Board Annual Report cases are estimated at
2,000 per year. An appropriation of $1.113 million is necessary. Given the current staffing
shortages, reallocation of current staffing and resources to reconstitute the Parole Revocation Unit
is not feasible.”
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that requiring the Office of the Public Defender to provide representation
at parole revocation proceedings would result in indeterminate annual cost increases to the State.
As noted above, in response to an FY 2024 OLS Discussion Point, the Office of the Public
Defender indicated that the estimated annual cost of a fully reconstituted Parole Revocation Unit
would be $1.1 million. The OLS does not have sufficient information to confirm this cost estimate.
In the way of background, longstanding language in the annual appropriations acts prohibits
the allocation of State funds for the representation of parolees in revocation proceedings.
Representation of parolees is provided through the “Madden System,” which establishes that the
New Jersey bar performs pro bono work for indigent persons in cases where there is no provision
of a public defender. While the Office of the Public Defender has not had a direct role in
representing clients before the State Parole Board since 1994, the office has still occasionally
assisted clients in their parole proceedings.
Under current law, as it relates to violations of parole conditions, a parole officer, who has
probable cause to believe that the parolee has violated a condition of parole, may require that the
parolee appear before a designated representative of the board for a parole adjustment. If the
evidence presented at the hearing supports a finding of probable cause that the parolee has violated
a condition of parole, the hearing officer is required to determine whether the parolee should be
released with further conditions or parole should be revoked. Under the bill, a representative from
the Office of the Public Defender would appear at this hearing to represent the parolee, rather than
current practice, which requires a court-appointed or “Madden” attorney to appear. Further, under
current law, if the hearing officer makes a finding of probable cause that a condition was violated
by the parolee, and finds that revocation of parole is desirable, or the parolee is convicted of a
criminal offense while on parole, the board is required to conduct a revocation hearing. Again,
per the provisions of this bill, rather than a court-appointed or “Madden” attorney, a representative
from the office would appear at this hearing to represent the parolee.
Section: Judiciary
Analyst: Michael Davila
Associate Counsel
Approved: Thomas Koenig
Legislative Budget and Finance Officer
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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.).