Bill > A09684

This bill, known as the "pretrial risk overview for threat evaluation, custody, and treatment (PROTECT) Act," aims to improve the pretrial process by introducing a standardized risk assessment instrument to help judges make more informed decisions about whether to release or detain defendants. This instrument, to be developed by the division of criminal justice services, will consider factors such as the nature of the charge, criminal history, history of violence, and ties to the community to assess a defendant's risk of flight or danger to others. The bill mandates that this assessment be completed for all individuals charged with a felony or class A misdemeanor before a court can make a decision on their release or detention, and it also requires that individuals arrested for new felonies or class A misdemeanors while on pretrial release be detained pending arraignment and a review of their risk assessment. Additionally, the bill repeals certain provisions related to "qualifying offenses" and clarifies that courts can set bail or remand individuals based on the risk assessment, while also encouraging courts to refer individuals with serious mental illnesses for appropriate treatment rather than incarceration.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A9684