RACIAL AND ETHNIC COMMUNITY CRIMINAL
JUSTICE AND PUBLIC SAFETY IMPACT STATEMENT
ASSEMBLY, No. 4532
STATE OF NEW JERSEY
SUMMARY
Synopsis: Establishes separate crime of burglary of residential dwelling.
INTRODUCTION
The Office of Legislative Services does not develop or maintain source data concerning the
criminal justice system in the State. The Office of Legislative Services makes reasonable efforts
to obtain data from Executive Branch Departments and the Judiciary. This statement may reflect
information provided by the United States Census Bureau, the Administrative Office of the Courts
within the Judiciary, the New Jersey Department of Corrections, the New Jersey Office of the
Attorney General, and the Juvenile Justice Commission in the New Jersey Department of Law and
Public Safety. The publicly available data and the data provided by the responding departments
and agencies contained within this statement allows for a general overview of the frequencies of
events of interest (i.e. arrests, charges, and convictions) for racial and ethnic minorities for the
crimes identified herein. This statement does not provide for an in-depth analysis of that data.
Additional data concerning recidivism rates and incarceration rates for the specific crimes
addressed within this statement sorted by race and ethnicity is needed in order to make a conclusion
on the impacts on racial and ethnic minorities. Additional data concerning the deterrent effects of
similar laws of this type is needed to determine the impact on community criminal justice and
public safety. It should be noted that the data needed may not currently be collected by the
responding departments or agencies or may not exist.
1
BILL DESCRIPTION
Assembly Bill No. 4532 establishes burglary of a residence as a separate crime from the
crime of burglary pursuant to N.J.S.A.2C:18-2, thus facilitating the tracking of the crime of
burglary of residential dwellings in this State.
Under the bill, “residential dwelling” is defined as: (1) any building or structure, though
movable or temporary, or a portion thereof, which serves primarily as a residence for one or
more persons; or (2) any place adapted for overnight accommodation of persons.
The penalties for burglary of a residence remain the same as under current law. It is a crime
of the third degree to commit a burglary of a residential dwelling under this bill; except that it
is a crime of the second degree if the actor: (1) purposely, knowingly, or recklessly inflicts,
1
This racial and ethnic community criminal justice and public safety impact statement has been produced by the Office of
Legislative Services pursuant to section 2 of P.L.2017, c.286 (C.52:11-57.1). Although impact statements are considered a tool
for policymaking, the Office of Legislative Services does not take a policy position in preparing a racial and ethnic community
criminal justice and public safety impact statement. The role of the Office of Legislative Services is to gather and present data for
legislators to review. This statement may reflect information provided by the United States Census Bureau, Office of Juvenile
Justice and Delinquency Prevention in the United States Department of Justice, New Jersey Department of Corrections, and
Juvenile Justice Commission in the New Jersey Department of Law and Public Safety.
RECCJPSIS to ASSEMBLY, No. 4532
2
attempts to inflict, or threatens to inflict bodily injury on anyone; (2) is armed with or displays
what appear to be explosives or a deadly weapon; or (3) enters the residential dwelling while
a resident or any other person, other than a person acting in concert with the actor, is present
in the residential dwelling.
A crime of the third degree is punishable by three to five years imprisonment, a fine of
up to $15,000, or both. A crime of the second degree is punishable by five to 10 years
imprisonment, a fine of up to $150,000, or both.
Federal and State Census Information
2
Population Caucasian African
American
Native
American/Al
aska Native
Asian Native
Hawaiian/ Other
Pacific Islander
Hispanic Two or
More
Races/Ot
her
National Census
Estimate
331,450,000 59.3% 13.6% 1.3% 6.1% 0.3% 18.9% 2.9%
State Census
Estimate
9,289,000 53.5% 15.3% 0.7% 10.3% 0.1% 21.5% 2.4%
Federal and State Inmate Population Data
Population Caucasian African
American
Native
American/Al
aska Native
Asian Native
Hawaiian/ Other
Pacific Islander
Hispanic Two or
More
Races/Ot
her
Actual Federal
Adult Inmate
Population
3
156,241 56.9% 38.8% 2.8% 1.5% N/A 29.2% N/A
Actual State
Adult Inmate
Population
4
12,978 22% 60.8% 0.0% 1% N/A 17% N/A
State Census and State Inmate Population Data
Population Caucasian African
American
Native
American/Al
aska Native
Asian Native
Hawaiian/ Other
Pacific Islander
Hispanic Two or
More
Races/Ot
her
State Census
Estimate
9,289,000 53.5% 15.3% 0.7% 10.3% 0.1% 21.5% 2.4%
Actual State
Adult Inmate
Population
5
12,978 22% 60.8% 0.0% 1% N/A 17% N/A
2
Publicly available data obtained from the federal census for national and State populations as of April 1, 2020.
3
Publicly available data of federally sentenced persons in custody of the Federal Bureau of Prisons, as of June 1, 2024.
4
Publicly available data produced by the New Jersey Department of Corrections concerning the State inmate population on January
1, 2024. It has been reported by the New Jersey Department of Corrections that the Fiscal Year 2024 average daily population was
12,490. However, that number has not been sorted by race or ethnicity.
5
Publicly available data produced by the New Jersey Department of Corrections concerning the State inmate population on January
1, 2024. It has been reported by the New Jersey Department of Corrections that the Fiscal Year 2024 average daily population was
12,490. However, that number has not been sorted by race or ethnicity. RECCJPSIS to ASSEMBLY, No. 4532
3
DATA PROVIDED BY THE EXECUTIVE BRANCH
The following data was provided, as a part of the submission, from the Office of the Attorney
General:
Arrests by Race – 2022, 2023, Q1 2024
OFFENSE
CATEGORY
STATUTE CODE STATUTE DESCRIPTION AM. INDIAN /
ALASKA
NATIVE
ASIAN /
PAC.
ISLANDER
BLACK NOT
PROVIDED/
UNKNOWN
WHITE
(INCL.
HISPANIC
ORIGIN)
BURGLARY 2C:18-2 BURGLARY 2 1 1
BURGLARY 2C:18-2A BURGLARY 1
BURGLARY 2C:18-2A(1) BURGLARY-ENTERING
STRUCTURE ETC.
14 63 3,345 337 3,676
BURGLARY 2C:18-2A(2) BURGLARY-REMAIN IN
STRUCTURE ETC.
1 7 139 24 161
BURGLARY 2C:18-2A(3) BURGLARY-TRESPASS ON
UTILITY CO PROPERTY
1 1 9 25
BURGLARY 2C:18-2B(1) BURGLARY INFLICT/
ATTEMPT TO INFLICT BI
1 6 166 12 134
Note: The data originates from the arrests of adults (at time of offense) for at least one indictable offense where the individual was
Live Scanned.
6
Information includes only events with an arrest date in 2022, 2023, or quarter one of 2024. Only non-expunged
charges are included. This information is accessible publicly by county at www.njoag.gov/justicedata. That dashboard allows users
to view unique defendants, arrest events, and charges by county and outcome.
Specifications on race categorizations from the Federal Office of Management and Budget did not include a category of
Hispanic ethnicity until recently decided revisions, which will be implemented by 2029. New Jersey courts began providing space
on the complaint document to capture Hispanic ethnicity in December 2021. However, the ethnicity field lacks a consistent
procedure for collection and may conflict from one arrest to another for the same defendant.
Convictions by Race – 2022, 2023, Q1 2024
OFFENSE
CATEGORY
STATUTE
CODE
STATUTE
DESCRIPTION
GUILTY
CONVICT
AM. INDIAN
/ ALASKA
NATIVE
ASIAN /
PAC.
ISLANDER
BLACK NOT
PROVIDED/
UNKNOWN
WHITE (INCL.
HISPANIC
ORIGIN)
BURGLARY 2C:18-2A(1) BURGLARY-
ENTERING
STRUCTURE ETC.
Y 9 556 62 563
BURGLARY 2C:18-2A(2) BURGLARY-REMAIN
IN STRUCTURE ETC.
Y 19 3 14
BURGLARY 2C:18-2A(3) BURGLARY-
TRESPASS ON
UTILITY CO PROP
Y 2 4
The following response was provided by the Juvenile Justice Commission:
The Juvenile Justice Commission (JJC) does not maintain or have direct access to detailed data
on youth arrests, prosecutions, or adjudications (i.e. convictions). The JJC is not a prosecutorial
agency. The JJC does not keep racial and ethnic data segregated by crimes for arrests,
prosecutions, or adjudications for the juveniles committed to its care.
6
The Live Scan process is the automated fingerprint information system that the State Bureau of Identification utilizes as
centralized storage for criminal arrest fingerprints. RECCJPSIS to ASSEMBLY, No. 4532
4
The Department of Corrections has made available to the public statistical data concerning the
State inmate population categorized by race and ethnicity for 2024, which are reflected in the
charts on page 2, and offenders by base offense for 2022, 2023, and 2024 in the following charts:
Offenders by Base Offense for 2022
Base Offense
Total
Male Offenders
in Other
Facilities
Youth
Offenders
Adult
Diagnostic
Treatment
Center (ADTC)
Edna Mahan
Halfway
Houses, County
Jails,
St. Francis
Hospital
# % # % # % # % # % # %
TOTAL
OFFENDERS 12,492 100% 9,442 100% 1,139 100% 410 100% 408 100% 1,093 100%
Property Offenses 526 4% 375 4% 57 5% 0 0% 36 9% 58 5%
Offenders by Base Offense for 2023
Base Offense
Total
Male Offenders
in Other
Facilities
Youth
Offenders
Adult
Diagnostic
Treatment
Center (ADTC)
Edna Mahan
Halfway
Houses, County
Jails,
St. Francis
Hospital
# % # % # % # % # % # %
TOTAL
OFFENDERS 13,196 100% 9,133 100% 1,174 100% 402 100% 356 100% 2,131 100%
Property Offenses 525 4% 324 4% 55 5% 0 0% 31 9% 115 5%
Offenders by Base Offense for 2024
Base Offense Total Male Incarcerated
Persons
Edna Mahan Residential
Community Release
Program (RCRP),
County Jails, Central
Medical Unit (CHR)
Interstate Corrections
Compact
# % # % # % # % # %
Total Offenders 12,978 100% 11,176 100% 386 100
%
1,140 100% 276 100%
Property Offenses 472 4% 382 3% 38 10% 39 4% 13 5%
Note: Property offenses include burglary, arson, theft, forgery, embezzlement, and receiving/possessing stolen property.
RECCJPSIS to ASSEMBLY, No. 4532
5
DATA PROVIDED BY THE JUDICIARY
The following data was provided, as a part of the submission, from the Judiciary:
FAMILY COURT JUVENILE DATA FOR CHARGES FILED SINCE January 1, 2022
BURGLARY 2C:18-2
County
Degree 2 Degree 3
Total
Charged
Black Hispanic
Not
Stated White
Amr
Ind/Alsk Asian Black Hispanic
Not
Stated White
Atlantic 8 1 0 4 0 0 164 1 1 100 279
Bergen 3 0 0 3 0 2 64 2 6 39 119
Burlington 4 0 0 1 0 0 64 0 0 22 91
Camden 5 1 0 5 0 0 77 0 1 42 131
Cape May 0 0 0 2 0 0 5 0 1 12 20
Cumberland 14 1 0 2 0 0 56 0 0 20 93
Essex 26 0 0 0 1 0 437 7 4 78 553
Gloucester 2 0 1 0 0 0 20 0 0 9 32
Hudson 10 0 0 12 0 0 98 4 5 54 183
Hunterdon 0 0 0 0 0 0 4 0 0 1 5
Mercer 1 0 0 0 0 6 58 1 0 11 77
Middlesex 7 0 0 1 0 6 86 1 1 129 231
Monmouth 6 0 0 3 0 0 90 0 2 29 130
Morris 1 0 0 2 0 0 27 1 2 21 54
Ocean 1 1 0 2 0 0 16 0 1 41 62
Passaic 1 0 0 2 0 0 26 6 1 42 78
Salem 3 0 0 0 0 0 6 1 0 8 18
Somerset 3 0 0 1 0 1 20 1 1 9 36
Sussex 0 0 0 0 0 0 0 0 0 3 3
Union 9 0 0 0 0 0 115 0 1 28 153
Warren 1 0 0 0 0 0 3 0 0 5 9
Total 105 4 1 40 1 15 1436 25 27 703 2357
RECCJPSIS to ASSEMBLY, No. 4532
6
Note: The demographic information for those persons charged with the offenses listed in the charts above covers the time period of January 1, 2022 through June 28, 2024. The Data Division of the Administrative Office of the Courts was
able to compile this information for charges, not convictions, related to the specific offenses requested. Additional analysis is required for information pertaining to convictions. Moreover, the Criminal Practice Division noted that in light of
the time frame specified in the request, it is quite likely that there will be a very large population of these cases pending on pretrial. Accordingly, only examining at actual convictions may not capture all of the relevant data.
COUNTY
NUMBER
CHARGED
BURGLARY STATUTE 2C:18-2
DEGREE 2 DEGREE 3 DEGREE 4
Asian
Black/
Africa
Am
Hispanic
Amer
Ind/
Alaska
Native
Nat
Haw/
Pacific
Is
Unkn
White
Missing
Asian
Black/
Africa
Am
Hispani
c
Amer
Ind/
Alaska
Native
Nat
Haw/
Pacifi
c Is
Unkn
White
Missing
Asian
Black
/
Africa
Am
Hispanic
Amer
Ind/
Alaska
Native
Nat
Haw/
Pacific
Is
Unkn
White
Missing
A B H I P U W
A B H I P U W
A B H I P U W
ATL 345 1 14 4 0 0 0 10 0 4 132 48 0 1 4 127 0 0 0 0 0 0 0 0 0
BER 406 2 8 8 0 0 0 6 0 9 122 157 0 0 6 88 0 0 0 0 0 0 0 0 0
BUR 240 0 11 5 0 0 0 11 0 2 81 22 0 0 0 108 0 0 0 0 0 0 0 0 0
CAM 446 0 19 11 0 0 1 10 0 0 146 75 0 0 5 179 0 0 0 0 0 0 0 0 0
CPM 105 0 0 1 0 0 0 3 0 0 4 17 0 0 1 79 0 0 0 0 0 0 0 0 0
CUM 208 0 8 7 0 0 0 8 0 0 68 45 1 0 0 71 0 0 0 0 0 0 0 0 0
ESX 953 1 68 27 0 0 0 8 0 2 558 199 0 0 5 85 0 0 0 0 0 0 0 0 0
GLO 175 0 9 2 0 0 0 9 0 1 50 14 0 0 0 90 0 0 0 0 0 0 0 0 0
HNT 30 0 0 0 0 0 0 0 0 0 3 5 0 0 0 22 0 0 0 0 0 0 0 0 0
HUD 1086 0 60 35 0 0 4 14 0 18 361 426 0 1 10 157 0 0 0 0 0 0 0 0 0
MER 275 0 24 11 0 0 0 2 0 3 114 60 0 0 1 60 0 0 0 0 0 0 0 0 0
MID 481 0 14 18 0 0 0 12 0 6 149 165 1 0 1 115 0 0 0 0 0 0 0 0 0
MON 401 0 9 11 0 0 0 13 0 1 148 77 1 0 1 140 0 0 0 0 0 0 0 0 0
MRS 134 0 2 8 0 0 1 3 0 0 34 36 0 0 2 48 0 0 0 0 0 0 0 0 0
OCN 227 0 13 7 0 0 0 13 0 1 39 26 3 0 4 121 0 0 0 0 0 0 0 0 0
PAS 375 0 23 32 0 0 2 2 0 2 120 116 0 0 0 78 0 0 0 0 0 0 0 0 0
SLM 88 0 4 2 0 0 0 6 0 0 22 7 0 0 0 47 0 0 0 0 0 0 0 0 0
SOM 65 0 3 1 0 0 0 0 0 0 24 24 0 0 1 12 0 0 0 0 0 0 0 0 0
SSX 47 0 0 0 0 0 0 0 0 0 6 10 0 0 1 30 0 0 0 0 0 0 0 0 0
UNN 273 0 12 4 0 0 0 5 0 2 121 95 0 0 0 34 0 0 0 0 0 0 0 0 0
WRN 28 0 2 0 0 0 0 3 0 0 2 0 0 0 0 21 0 0 0 0 0 0 0 0 0
Total
(STATE)
6388 4 303 194 0 0 8 138 0 51 2304 1624 6 2 42 1712 0 0 0 0 0 0 0 0 0 RECCJPSIS to ASSEMBLY, No. 4532
7
Count of Clients on Probation in Each Category of Crime/Degree
ASIAN BLACK/AFRICAN AMERICAN
NAT. HAWAIIAN/OTHER
PACIFIC ISLANDER
UNKNOWN WHITE
Ethnicity Ethnicity Ethnicity Ethnicity Ethnicity
Non-Hispanic
Non-
Hispanic
Unknown Hispanic Non-Hispanic
Non-
Hispanic
Unknown Hispanic
Non-
Hispanic
Unknown Hispanic
N N N N N N N N N N N
Crime Degree
2C:18-2 2 . 2 2 . . . . . . . .
3 1 9 4 . . . 2 1 13 8 5
DP . 1 . . . . . . . . .
Out of state . 10 3 . . 1 2 . 3 4 2
Client
totals 1 22 9 0 0 1 4 1 16 12 7