Office of Legislative Services
State House Annex
P.O. Box 068
Trenton, New Jersey 08625
Legislative Budget and Finance Office
Phone (609) 847-3105
Fax (609) 777-2442
www.njleg.state.nj.us
LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
SENATE, No. 3507
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: MARCH 24, 2025
SUMMARY
Synopsis: Establishes offense of inciting public brawl; upgrades penalty for
disorderly conduct in certain circumstances.
Type of Impact: Annual State and local expenditure and revenue increases.
Agencies Affected: The Judiciary; Department of Law and Public Safety; Department of
Corrections; State Parole Board; Office of the Public Defender;
Counties; Municipalities.
Office of Legislative Services Estimate
Fiscal Impact Annual
State Expenditure Increase Indeterminate
State Revenue Increase Indeterminate
Local Expenditure Increase Indeterminate
Local Revenue Increase Indeterminate
The Office of Legislative Services (OLS) concludes that establishing the crime of inciting a
public brawl may result in an indeterminate annual increase in State and local expenditures
and revenues. The OLS lacks sufficient information to quantify the fiscal impact, as it is not
possible to estimate the number of crimes likely to be committed under the provisions of this
bill.
The OLS finds that the following State and local agencies may incur caseload and expenditure
increases: a) county prosecutors may have to prosecute additional cases; b) the Judiciary may
have to adjudicate additional complaints and monitor additional probationers; c) the Office of
the Public Defender may have to represent additional low-income criminal defendants; d) the
Department of Corrections may have to house and care for additional offenders; and e) the
State Parole Board may have to supervise the return to society of additional offenders. FE to S3507 [1R]
2
The OLS notes that the State may receive indeterminate revenues from fines imposed on
individuals convicted of these crimes; however, the State’s ability to collect fines has
historically been limited.
Annual local expenditures and revenues are likely to increase by an indeterminate amount from
the establishment of the new disorderly persons offense. Disorderly persons offenses are
adjudicated in municipal courts and defendants are sentenced to county jails. Annual municipal
revenue would likely increase due to an increase in court filing fees and upgraded penalties
from these disorderly persons cases.
BILL DESCRIPTION
This bill creates the offense of inciting a public brawl and upgrades the penalty for engaging
in disorderly conduct under certain circumstances.
Under the bill, a person is guilty of inciting a public brawl if the person acts with purpose to
organize or promote a group of four or more other persons to engage in a course of disorderly
conduct. Inciting a public brawl is a crime of the fourth degree if the person acts with purpose to
disrupt or cause a disturbance at a public gathering or event or knowing that a disruption or
disturbance is likely to occur; otherwise, it is a disorderly persons offense.
Additionally, the bill provides that a person who attempts to conceal or conceals the person’s
identity while engaging in a course of disorderly conduct, with purpose to hinder prosecution or
avoid apprehension, is guilty of a disorderly persons offense. The bill also establishes that a person
commits the offense of disorderly conduct by acting with purpose to disrupt or cause a disturbance
at a public gathering or event. Under current law, a person who engages in a course of disorderly
conduct commits a petty disorderly persons offense.
A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to
$10,000, or both. A person who commits a crime of the fourth degree may be eligible for entry
into a pretrial intervention program. The court sets the conditions of this program, which may
include random drug screening, community service, mental health or substance abuse evaluations,
and compliance with treatment recommendations. A disorderly persons offense is punishable by a
term of imprisonment of up to six months, a fine of up to $1,000, or both. A petty disorderly
persons offense is punishable by imprisonment of up to 30 days, a fine of up to $500, or both. In
the case of citations issued for petty disorderly and disorderly persons offenses, appearance in
court is mandatory.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that establishing the crime of inciting a public brawl may result in an
indeterminate annual increase in State and local expenditures and revenues. The OLS lacks FE to S3507 [1R]
3
sufficient information to quantify the fiscal impact, as it is not possible to estimate the number of
crimes likely to be committed under the provisions of this bill.
The following State and local agencies may incur caseload and expenditure increases: a)
county prosecutors may have to prosecute additional cases; b) the Judiciary may have to adjudicate
additional complaints and monitor additional probationers; c) the Office of the Public Defender
may have to represent additional low-income criminal defendants; d) the Department of
Corrections may have to house and care for additional offenders; and e) the State Parole Board
may have to supervise the return to society of additional offenders. The OLS notes that there could
be instances in which the Department of Law and Public Safety prosecutes the cases instead of the
county prosecutor, under special circumstances. The OLS notes that the State may receive
indeterminate revenues from fines imposed on individuals convicted of these crimes; however, the
State’s ability to collect fines has historically been limited.
Generally, crimes of the fourth degree carry a presumption of non-incarceration for first-time
offenders. The OLS notes that to the extent the bill results in additional incarcerations, the
Department of Corrections would incur those costs. Based on information provided by the
department, the FY 2024 average annual cost for housing, ensuring security, and providing
services to an incarcerated individual was $75,254, with an average marginal cost of housing one
additional incarcerated person, accounting for food, clothing and wages, of $11.39 per day.
The OLS finds that expenditures are likely to increase at the local level since disorderly persons
offenses are adjudicated in municipal courts and defendants are sentenced to county jails.
According to information provided by the Administrative Office of the Courts, the median daily
cost to house an inmate in a county jail is $228.
Annual municipal revenue would likely increase due to an increase in court filing fees and
upgraded penalties from these disorderly persons cases.
Section: Judiciary
Analyst: Michael Davila
Senior Counsel
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.).