Bill > A07009

This bill establishes the "Pretrial Risk Overview for Threat Evaluation, Custody, and Treatment (PROTECT) Act," which creates a comprehensive risk assessment system for evaluating criminal defendants before trial. 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 will consider multiple factors including the nature of the criminal charge, the defendant's criminal history, history of weapons possession, gang associations, prior threats or intimidation, and community ties. For felony or Class A misdemeanor cases, courts must order the completion of this risk assessment and cannot release a defendant without first reviewing it. The bill also introduces stricter protocols for defendants who commit new offenses while on pretrial release, mandating that they be committed to sheriff's custody and potentially remanded unless the court determines the risk of reoffending can be mitigated. Additionally, the legislation encourages courts to refer individuals with serious mental health issues to appropriate treatment venues. By creating this data-driven approach, the bill aims to balance defendant fairness with public safety concerns, addressing what legislators view as shortcomings in the current pretrial release system.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A7009