LEGISLATIVE FISCAL ESTIMATE
[Third Reprint]
ASSEMBLY, No. 3199
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: DECEMBER 15, 2022
SUMMARY
Synopsis: Establishes “Health Care Heroes Violence Prevention Act.”
Type of Impact: Annual State and local expenditure and revenue increases.
Agencies Affected: Local governments; Administrative Office of the Courts; Department
of Corrections; State Parole Board.
Office of Legislative Services Estimate
Fiscal Impact Annual
State Cost Increase Indeterminate
State Revenue Increase Indeterminate
Local Cost Increase Indeterminate
Local Revenue Increase Indeterminate
 The Office of Legislative Services (OLS) finds that local governments will incur an
indeterminate amount of annual cost increases to prosecute, defend, and adjudicate individuals
for the disorderly persons offense established in the bill. Disorderly persons offenses are
adjudicated in municipal court.
 A presumption of non-incarceration usually applies to first-time offenders convicted of
disorderly persons offenses. However, the bill’s expansion of the aggravating factors that
the court may consider at sentencing to include the victim’s status as a health care
professional, volunteer, or supportive services staff member working for a healthcare
facility or healthcare professional could result in the defendant being sentenced to county
jail, resulting in increased county costs.
 The Department of Corrections could incur additional costs if defendants are given prison
sentences or are sentenced to longer prison terms than they otherwise would have been absent
the bill’s provision expanding the aggravating factors the court may consider in sentencing a
defendant. The State Parole Board may also incur increased expenditures.
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 Administrative Office of the Courts will incur additional, indeterminate one-time costs to
develop and approve a list of anger management courses and establish standards and
procedures for their certification.
 The State and local governments are also likely to realize an indeterminate increase in annual
revenues from the collection of fines and court fees; however, their ability to collect these
penalties and fees has historically been limited.
BILL DESCRIPTION
This bill establishes the Health Care Heroes Violence Prevention Act and expands the
aggravating factors a court may consider in sentencing a defendant to include whether a defendant
committed an offense against any supportive services staff member, volunteer, or employee of a
health care facility while the person was engaged in professional duties.
This bill also establishes the disorderly persons offense of threats against a health care
professional, volunteer, or supportive services staff member working for a health care professional
or working at a health care facility, or an employee of a health care professional or health care
facility. A disorderly persons offense is punishable by imprisonment of up to six months, a fine
of up to $1,000, or both.
Further, the bill establishes additional penalties for any person who commits assault against a
support services staff member, volunteer, or employee of a health care facility. A court may
sentence a defendant to satisfactorily complete an anger management course of up to 12 months
or perform up to 30 days of community service. The Administrative Office of the Courts will
establish the standards and procedures for certification of anger management courses.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that the bill will result in annual expenditure and revenue increases for the State
and local governments. However, the OLS is unable to determine how many cases involving
threats against a health care worker there will be in a given year, or how many additional
incarcerations there will be under the bill, to quantify the extent of these increases.
The OLS finds that local governments will incur an indeterminate amount of annual cost
increases to prosecute, defend, and adjudicate individuals for the disorderly persons offense
established in the bill. A disorderly persons offense is adjudicated in municipal court and is
punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. A
presumption of non-incarceration usually applies to first-time offenders convicted of
disorderly persons offenses. However, the bill’s expansion of the aggravating factors that the
court may consider at sentencing to include the victim’s status as a health care professional,
volunteer, or supportive services staff member could result in the defendant being sentenced
to county jail, resulting in increased county costs.
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The Department of Corrections could incur additional annual costs if there are additional
incarcerations or defendants are sentenced to longer prison terms than they otherwise would have
been absent the bill’s provision expanding the aggravating factors the court may consider in
sentencing a defendant. The Department of Corrections indicated that the average annual cost of
housing an inmate in a State prison for FY 2021 totaled $55,389, whereas the marginal costs
per day were approximately $151.75. The State Parole Board may also incur increased
expenditures if additional defendants are sentenced to prison terms.
Further, under the bill, a court may sentence a defendant to satisfactorily complete an anger
management course of up to 12 months or perform up to 30 days of community service. Since the
Administrative Office of the Courts will need to establish standards and procedures for
certification of anger management courses required by this bill, the office will incur additional,
indeterminate one-time costs.
The State and local governments are also likely to realize an indeterminate increase in annual
revenues from the collection of fines and court fees; however, their ability to collect these penalties
and fees has historically been limited.
For context, according to media reports, prior to the COVID-19 pandemic, health care workers
were five times more likely to suffer a workplace violence injury than other professions.
Furthermore, according to surveys by the American College of Emergency Physicians and the
Emergency Nurses Association, almost half of emergency physicians reported being physically
assaulted at work, while about 70 percent of emergency nurses report being hit and kicked while
on the job.
Section: Judiciary
Analyst: Anuja Pande Joshi
Associate 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.).