Bill > S02282

This bill enacts the "Pretrial Risk Overview for Threat Evaluation, Custody, and Treatment (PROTECT) Act," which creates a comprehensive risk assessment system for criminal defendants. The bill requires the Division of Criminal Justice Services to develop a detailed risk assessment instrument that judges must use when deciding whether to release or detain a defendant. This instrument considers multiple factors including the nature of the criminal charge, the defendant's criminal history, history of weapon possession, gang associations, ties to the community, and potential risk to public safety. For defendants charged with felonies or Class A misdemeanors, courts must order a risk assessment and cannot release the defendant without first reviewing it. The bill also mandates that defendants who commit new offenses while on pre-trial release are automatically committed to sheriff's custody and must have a rigorous review before potential release. Additionally, the legislation encourages courts to refer defendants with serious mental health issues to appropriate treatment venues. The goal is to balance fairness for defendants with public safety concerns by creating a more systematic and data-driven approach to pre-trial detention and release decisions.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S2282