S 2282: Enacts the "pretrial risk overview for threat evaluation, custody, and treatment (PROTECT) Act" to evaluate certain defendants; establishes a risk assessment instrument to aid judges in determining whether to release or detain a principal, where and when a release is appropriate and necessary conditions that should be imposed as part of such release; repeals provisions of law relating to qualifying offenses and allows a court to set bail or remand a principal where based on the risk assessment instrument, where the principal poses a safety risk or risk of flight; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 2282 2025-2026 Regular Sessions  IN SENATE January 16, 2025 ___________ Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the executive law and the criminal procedure law, in relation to enacting the "pretrial risk overview for threat evalu- ation, custody, and treatment (PROTECT) act" and establishing a risk assessment instrument to evaluate certain defendants; and to repeal certain provisions of the criminal procedure law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature finds that 2 localities throughout New York State have struggled to prevent the pre- 3 trial release of individuals who pose a threat to themselves and their 4 communities. Moreover, many municipalities outside of New York City lack 5 adequate funding and resources to develop and appropriate plans and 6 invest in necessary technology, such as GPS monitoring, for successful 7 monitoring of criminal defendants who have been released into the commu- 8 nity pending trial. We also find that the current system for determining 9 remand, coupled with this lack of resources, has enabled individuals to 10 reoffend during their period of pre-trial release. As a result, we have 11 seen an increase in crime and a growing concern about public safety 12 throughout our state. In response, the legislature seeks to create a 13 system that balances reasonable fairness for criminal defendants and the 14 need to protect the public from dangerous offenders. This proposal would 15 create a risk assessment instrument to determine the danger an individ- 16 ual poses to themselves and the community. By using this instrument, 17 courts can make decisions regarding remand which are unrelated to an 18 individual's ability to afford bail, accomplishing the stated goals of 19 previous reforms while also ensuring public safety. This proposal 20 further addresses the threat posed by repeat offenders by ensuring that 21 individuals arrested for a new serious offense after being released 22 remain in custody pending trial. We also find that it is crucial that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04400-02-5 
 S. 2282 2 1 individuals with serious mental illnesses are quickly evaluated and 2 provided treatment rather than being incarcerated without access to 3 necessary support. Accordingly, this proposal encourages courts to 4 utilize existing statute to refer individuals in need of mental health 5 treatment to the appropriate venue. 6 § 2. Short title. This act shall be known and may be cited as the 7 "pretrial risk overview for threat evaluation, custody, and treatment 8 (PROTECT) act". 9 § 3. The executive law is amended by adding a new section 845-f to 10 read as follows: 11 § 845-f Risk assessment instrument. 1. The division shall create a 12 risk assessment instrument to be used by all courts in the state to aid 13 judges in determining whether to release or detain a principal, where 14 and when release is appropriate, and, where applicable, necessary condi- 15 tions that should be imposed as part of such release. Such instrument 16 shall be developed based on empirical data and risk factors relevant to 17 the danger that the principal poses to themself, another person, or the 18 community as a whole, and the likelihood that such principal may attempt 19 to evade or obstruct the criminal justice process. Such tool shall 20 incorporate the following factors, including but not limited to: 21 (a) The nature of the charge and whether it involves allegations of 22 causing or threatening harm to another person or persons; 23 (b) The principal's criminal history, with emphasis on previous 24 convictions for violent felonies, escape, bail jumping, witness tamper- 25 ing and witness intimidation, and any history of failing to appear in 26 court or failing to comply with court orders. Such criminal history 27 shall include, but not be limited to, criminal convictions, juvenile 28 delinquent and youthful offender adjudications; 29 (c) The principal's history of use or possession of firearms or access 30 to deadly weapons or dangerous instruments, as defined in section 10.00 31 of the penal law; 32 (d) The principal's known associations with criminal street gangs as 33 defined in section 10-170 of the administrative code of the city of New 34 York or a criminal enterprise, as defined in section 460.10 of the penal 35 law; 36 (e) Any history of threats or intimidation to witnesses in prior crim- 37 inal proceedings; and 38 (f) The extent of the principal's history within the jurisdiction 39 where the criminal charges are pending, and the extent of ties, includ- 40 ing family ties, outside the state of New York. 41 2. Nothing in this section shall prohibit the division from incorpo- 42 rating any other factors which may aid in determining whether a princi- 43 pal poses a risk of flight or a safety risk. 44 3. Such instrument shall include a recommendation as to whether a 45 principal should be detained, released on bail, or released on non-mone- 46 tary conditions as well as a recommendation as to which non-monetary 47 conditions should be imposed. 48 § 4. The criminal procedure law is amended by adding a new section 49 510.16 to read as follows: 50 § 510.16 Completion of risk assessment instrument. 51 1. The court shall order the completion of a risk assessment instru- 52 ment created by the division of criminal justice services pursuant to 53 section eight hundred forty-seven-f of the executive law for all princi- 54 pals who are charged with a felony or class A misdemeanor. Once a prin- 55 cipal is arraigned on a felony or class A misdemeanor, the court shall 56 direct the applicable pretrial services agency to complete a risk 
 S. 2282 3 1 assessment instrument. The court shall order the detention of a princi- 2 pal pending the completion of such risk assessment instrument. Absent 3 extraordinary circumstances, the court shall make a decision on 4 detention within forty-eight hours. 5 2. No court may release a principal charged with a felony or a class A 6 misdemeanor unless and until it has had an opportunity to review and 7 consider a completed risk assessment instrument. 8 § 5. Subdivision 1 of section 510.10 of the criminal procedure law, as 9 amended by section 1 of subpart C of part UU of chapter 56 of the laws 10 of 2022, the opening paragraph as amended by section 2 of subpart A of 11 part VV of chapter 56 of the laws of 2023, is amended to read as 12 follows: 13 1. When a principal, whose future court attendance at a criminal 14 action or proceeding is or may be required, comes under the control of a 15 court, such court shall impose a securing order in accordance with this 16 title. Except as otherwise required by law, the court shall make an 17 individualized determination as to whether the principal poses a risk of 18 flight to avoid prosecution and/or a risk to the safety and security of 19 the community, themself, or another person, consider the kind and degree 20 of control or restriction necessary to reasonably assure the principal's 21 return to court, and select a securing order consistent with its deter- 22 mination under this subdivision. The court shall explain the basis for 23 its determination and its choice of securing order on the record or in 24 writing. In making a determination under this subdivision, the court 25 must consider and take into account the risk assessment instrument, the 26 recommendation of the pretrial services agencies, the arguments of the 27 prosecutor and principal and available information about the principal, 28 including: 29 (a) The principal's character, reputation, habits, mental condition, 30 activities and history; 31 (b) If the principal is a defendant, the charges facing the principal 32 and the weight of the evidence against such principal in the pending 33 criminal action; 34 (c) The principal's criminal conviction record if any; 35 (d) The principal's record of previous adjudication as a juvenile 36 delinquent, as retained pursuant to section 354.1 of the family court 37 act, or, of pending cases where fingerprints are retained pursuant to 38 section 306.1 of such act, or a youthful offender, if any; 39 (e) The principal's previous record with respect to flight to avoid 40 criminal prosecution and lack of compliance with court orders; 41 (f) [If monetary bail is authorized, according to the restrictions set 42 forth in this title, the principal's individual financial circumstances, 43 and, in cases where bail is authorized, the principal's ability to post 44 bail without posing undue hardship, as well as his or her ability to 45 obtain a secured, unsecured, or partially secured bond; 46 (g)] Any violation by the principal of an order of protection issued 47 by any court; 48 [(h)] (g) The principal's history of use or possession of a firearm; 49 [(i)] (h) Whether the charge is alleged to have caused serious harm to 50 an individual or group of individuals; [and 51 (j)] (i) If the principal is a defendant, in the case of an applica- 52 tion for a securing order pending appeal, the merit or lack of merit of 53 the appeal[.]; 54 (j) Whether the principal has any known associations with criminal 55 street gangs or criminal enterprises; 
 S. 2282 4 1 (k) The principal's ties to the jurisdiction where the court sits and 2 whether the principal has any ties outside the state of New York; and 3 (l) The charges facing the principal and the weight of the evidence 4 against such principal in the pending criminal action. 5 § 6. Subdivision 4 of section 510.10 of the criminal procedure law is 6 REPEALED and two new subdivisions 4 and 7 are added to read as follows: 7 4. Where a principal is arrested on a new offense of a felony or class 8 A misdemeanor which was committed after being released pending trial, or 9 being issued an appearance ticket, such principal shall be committed to 10 the custody of the sheriff until appearing before a judge for arraign- 11 ment. Upon arraignment, the court shall remand the principal to the 12 custody of the sheriff unless and until the judge, after reviewing all 13 relevant information, including the risk assessment instrument created 14 pursuant to section 510.16 of this title, determines that the risk that 15 the principal will reoffend has been mitigated with appropriate condi- 16 tions of release. Should the court determine that such risk cannot be 17 mitigated with any reasonable conditions of release, the court shall 18 order that the principal remain in the custody of the sheriff during the 19 pendency of the proceeding. 20 7. Nothing in this section shall prohibit the court from directing 21 that a defendant who presents an immediate risk of serious harm to them- 22 self or others be transported to a hospital for a psychiatric assessment 23 and appropriate treatment pursuant to paragraph (b) of subdivision 24 three-c of section 500.10 of this title. 25 § 7. Subdivision 5 of section 510.10 of the criminal procedure law, as 26 added by section 2 of part JJJ of chapter 59 of the laws of 2019, is 27 amended to read as follows: 28 5. Notwithstanding the provisions of [subdivisions] subdivision three 29 [and four] of this section, with respect to any charge for which bail or 30 remand is not ordered, and for which the court would not or could not 31 otherwise require bail or remand, a defendant may, at any time, request 32 that the court set bail in a nominal amount requested by the defendant 33 in the form specified in paragraph (a) of subdivision one of section 34 520.10 of this title; if the court is satisfied that the request is 35 voluntary, the court shall set such bail in such amount. 36 § 8. Subparagraphs (ix), (x) and (xi) of paragraph (b) of subdivision 37 1 of section 150.20 of the criminal procedure law, as added by section 1 38 of subpart B of part UU of chapter 56 of the laws of 2022, are amended 39 to read as follows: 40 (ix) the person is eighteen years of age or older and charged with 41 criminal possession of a weapon on school grounds as defined in section 42 265.01-a of the penal law; or 43 (x) the person is eighteen years of age or older and charged with a 44 hate crime as defined in section 485.05 of the penal law[; or 45 (xi) the offense is a qualifying offense pursuant to paragraph (t) of 46 subdivision four of section 510.10 of this chapter, or pursuant to para- 47 graph (t) of subdivision four of section 530.40 of this chapter]. 48 § 9. Subdivision 1 of section 530.20 of the criminal procedure law, as 49 amended by section 16 of part JJJ of chapter 59 of the laws of 2019, 50 paragraph (a) and the opening paragraph of paragraph (b) as amended by 51 section 6 of subpart A of part VV of chapter 56 of the laws of 2023, 52 paragraph (b) as amended by section 3 of part UU of chapter 56 of the 53 laws of 2020, subparagraphs (xix) and (xx) of paragraph (b) as amended 54 and subparagraph (xxi) of paragraph (b) as added by section 4 of subpart 55 C of part UU of chapter 56 of the laws of 2022, is amended to read as 56 follows: 
 S. 2282 5 1 1. (a) [In cases other than as described in paragraph (b) of this 2 subdivision, the] The court shall release the principal pending trial on 3 the principal's own recognizance or release the principal pending trial 4 under non-monetary conditions, the determination for which shall be made 5 in accordance with subdivision one of section 510.10 of this title. The 6 court shall explain the basis for its determination and choice of secur- 7 ing order on the record or in writing. 8 (b) [Where the principal stands charged with a qualifying offense, the 9 court, unless otherwise prohibited by law, may in its discretion release 10 the principal pending trial on the principal's own recognizance or under 11 non-monetary conditions, fix bail, order non-monetary conditions in 12 conjunction with fixing bail, or, where the defendant is charged with a 13 qualifying offense which is a felony, the court may commit the principal 14 to the custody of the sheriff. The court shall explain its choice of 15 securing order on the record or in writing. A principal stands charged 16 with a qualifying offense when he or she stands charged with: 17 (i) a felony enumerated in section 70.02 of the penal law, other than 18 robbery in the second degree as defined in subdivision one of section 19 160.10 of the penal law, provided, however, that burglary in the second 20 degree as defined in subdivision two of section 140.25 of the penal law 21 shall be a qualifying offense only where the defendant is charged with 22 entering the living area of the dwelling; 23 (ii) a crime involving witness intimidation under section 215.15 of 24 the penal law; 25 (iii) a crime involving witness tampering under section 215.11, 215.12 26 or 215.13 of the penal law; 27 (iv) a class A felony defined in the penal law, provided, that for 28 class A felonies under article two hundred twenty of such law, only 29 class A-I felonies shall be a qualifying offense; 30 (v) a sex trafficking offense defined in section 230.34 or 230.34-a of 31 the penal law, or a felony sex offense defined in section 70.80 of the 32 penal law or a crime involving incest as defined in section 255.25, 33 255.26 or 255.27 of such law, or a misdemeanor defined in article one 34 hundred thirty of such law; 35 (vi) conspiracy in the second degree as defined in section 105.15 of 36 the penal law, where the underlying allegation of such charge is that 37 the defendant conspired to commit a class A felony defined in article 38 one hundred twenty-five of the penal law; 39 (vii) money laundering in support of terrorism in the first degree as 40 defined in section 470.24 of the penal law; money laundering in support 41 of terrorism in the second degree as defined in section 470.23 of the 42 penal law; money laundering in support of terrorism in the third degree 43 as defined in section 470.22 of the penal law; money laundering in 44 support of terrorism in the fourth degree as defined in section 470.21 45 of the penal law; or a felony crime of terrorism as defined in article 46 four hundred ninety of the penal law, other than the crime defined in 47 section 490.20 of such law; 48 (viii) criminal contempt in the second degree as defined in subdivi- 49 sion three of section 215.50 of the penal law, criminal contempt in the 50 first degree as defined in subdivision (b), (c) or (d) of section 215.51 51 of the penal law or aggravated criminal contempt as defined in section 52 215.52 of the penal law, and the underlying allegation of such charge of 53 criminal contempt in the second degree, criminal contempt in the first 54 degree or aggravated criminal contempt is that the defendant violated a 55 duly served order of protection where the protected party is a member of 
 S. 2282 6 1 the defendant's same family or household as defined in subdivision one 2 of section 530.11 of this article; 3 (ix) facilitating a sexual performance by a child with a controlled 4 substance or alcohol as defined in section 263.30 of the penal law, use 5 of a child in a sexual performance as defined in section 263.05 of the 6 penal law or luring a child as defined in subdivision one of section 7 120.70 of the penal law, promoting an obscene sexual performance by a 8 child as defined in section 263.10 of the penal law or promoting a sexu- 9 al performance by a child as defined in section 263.15 of the penal law; 10 (x) any crime that is alleged to have caused the death of another 11 person; 12 (xi) criminal obstruction of breathing or blood circulation as defined 13 in section 121.11 of the penal law, strangulation in the second degree 14 as defined in section 121.12 of the penal law or unlawful imprisonment 15 in the first degree as defined in section 135.10 of the penal law, and 16 is alleged to have committed the offense against a member of the defend- 17 ant's same family or household as defined in subdivision one of section 18 530.11 of this article; 19 (xii) aggravated vehicular assault as defined in section 120.04-a of 20 the penal law or vehicular assault in the first degree as defined in 21 section 120.04 of the penal law; 22 (xiii) assault in the third degree as defined in section 120.00 of the 23 penal law or arson in the third degree as defined in section 150.10 of 24 the penal law, when such crime is charged as a hate crime as defined in 25 section 485.05 of the penal law; 26 (xiv) aggravated assault upon a person less than eleven years old as 27 defined in section 120.12 of the penal law or criminal possession of a 28 weapon on school grounds as defined in section 265.01-a of the penal 29 law; 30 (xv) grand larceny in the first degree as defined in section 155.42 of 31 the penal law, enterprise corruption as defined in section 460.20 of the 32 penal law, or money laundering in the first degree as defined in section 33 470.20 of the penal law; 34 (xvi) failure to register as a sex offender pursuant to section one 35 hundred sixty-eight-t of the correction law or endangering the welfare 36 of a child as defined in subdivision one of section 260.10 of the penal 37 law, where the defendant is required to maintain registration under 38 article six-C of the correction law and designated a level three offen- 39 der pursuant to subdivision six of section one hundred sixty-eight-l of 40 the correction law; 41 (xvii) a crime involving bail jumping under section 215.55, 215.56 or 42 215.57 of the penal law, or a crime involving escaping from custody 43 under section 205.05, 205.10 or 205.15 of the penal law; 44 (xviii) any felony offense committed by the principal while serving a 45 sentence of probation or while released to post release supervision; 46 (xix) a felony, where the defendant qualifies for sentencing on such 47 charge as a persistent felony offender pursuant to section 70.10 of the 48 penal law; 49 (xx) any felony or class A misdemeanor involving harm to an identifi- 50 able person or property, or any charge of criminal possession of a 51 firearm as defined in section 265.01-b of the penal law where such 52 charge arose from conduct occurring while the defendant was released on 53 his or her own recognizance, released under conditions, or had yet to be 54 arraigned after the issuance of a desk appearance ticket for a separate 55 felony or class A misdemeanor involving harm to an identifiable person 56 or property, provided, however, that the prosecutor must show reasonable 
 S. 2282 7 1 cause to believe that the defendant committed the instant crime and any 2 underlying crime. For the purposes of this subparagraph, any of the 3 underlying crimes need not be a qualifying offense as defined in this 4 subdivision. For the purposes of this paragraph, "harm to an identifi- 5 able person or property" shall include but not be limited to theft of or 6 damage to property. However, based upon a review of the facts alleged in 7 the accusatory instrument, if the court determines that such theft is 8 negligible and does not appear to be in furtherance of other criminal 9 activity, the principal shall be released on his or her own recognizance 10 or under appropriate non-monetary conditions; or 11 (xxi) criminal possession of a weapon in the third degree as defined 12 in subdivision three of section 265.02 of the penal law or criminal sale 13 of a firearm to a minor as defined in section 265.16 of the penal law. 14 (d)] Notwithstanding the provisions of [paragraphs] paragraph (a) [and 15 (b)] of this subdivision, with respect to any charge for which bail or 16 remand is not ordered, and for which the court would not or could not 17 otherwise require bail or remand, a defendant may, at any time, request 18 that the court set bail in a nominal amount requested by the defendant 19 in the form specified in paragraph (a) of subdivision one of section 20 520.10 of this title; if the court is satisfied that the request is 21 voluntary, the court shall set such bail in such amount. 22 § 10. Section 530.20 of the criminal procedure law is amended by 23 adding two new subdivisions 3 and 4 to read as follows: 24 3. Where a principal is arrested on a new offense of a felony or class 25 A misdemeanor which was committed after being released pending trial, or 26 being issued an appearance ticket, such principal shall be committed to 27 the custody of the sheriff until appearing before a judge for arraign- 28 ment. Upon arraignment, the court shall remand the principal to the 29 custody of the sheriff unless and until the judge, after reviewing all 30 relevant information, including the risk assessment instrument created 31 pursuant to section 510.16 of this title, determines that the risk that 32 the principal will reoffend has been mitigated with appropriate condi- 33 tions of release. Should the court determine that such risk cannot be 34 mitigated with any reasonable conditions of release, the court shall 35 order that the principal remain in the custody of the sheriff during the 36 pendency of the proceeding. 37 4. Nothing in this section shall prohibit the court from directing 38 that a defendant who presents an immediate risk of serious harm to them- 39 self or others be transported to a hospital for a psychiatric assessment 40 and appropriate treatment pursuant to paragraph (b) of subdivision 41 three-c of section 500.10 of this title. 42 § 11. Subdivision 4 of section 530.40 of the criminal procedure law is 43 REPEALED and two new subdivisions 4 and 8 are added to read as follows: 44 4. Where a principal is arrested on a new offense of a felony or class 45 A misdemeanor which was committed after being released pending trial, or 46 being issued an appearance ticket, such principal shall be committed to 47 the custody of the sheriff until appearing before a judge for arraign- 48 ment. Upon arraignment, the court shall remand the principal to the 49 custody of the sheriff unless and until the judge, after reviewing all 50 relevant information, including the risk assessment instrument created 51 pursuant to section 510.16 of this title, determines that the risk that 52 the principal will reoffend has been mitigated with appropriate condi- 53 tions of release. Should the court determine that such risk cannot be 54 mitigated with any reasonable conditions of release, the court shall 55 order that the principal remain in the custody of the sheriff during the 56 pendency of the proceeding. 
 S. 2282 8 1 8. Nothing in this section shall prohibit the court from directing 2 that a defendant who presents an immediate risk of serious harm to them- 3 self or others be transported to a hospital for a psychiatric assessment 4 and appropriate treatment pursuant to paragraph (b) of subdivision 5 three-c of section 500.10 of this title. 6 § 12. Subdivisions 5, 6 and 7 of section 530.40 of the criminal proce- 7 dure law, subdivision 5 as added and subdivisions 6 and 7 as amended by 8 section 18 of part JJJ of chapter 59 of the laws of 2019, are amended to 9 read as follows: 10 5. Notwithstanding the provisions of [subdivisions] subdivision three 11 [and four] of this section, with respect to any charge for which bail or 12 remand is not ordered, and for which the court would not or could not 13 otherwise require bail or remand, a defendant may, at any time, request 14 that the court set bail in a nominal amount requested by the defendant 15 in the form specified in paragraph (a) of subdivision one of section 16 520.10 of this title; if the court is satisfied that the request is 17 voluntary, the court shall set such bail in such amount. 18 6. Notwithstanding the provisions of subdivisions two[,] and three 19 [and four] of this section, a superior court may not order recognizance, 20 release under non-monetary conditions or, where authorized, bail, or 21 permit a defendant to remain at liberty pursuant to an existing order, 22 after the defendant has been convicted of either: (a) a class A felony 23 or (b) any class B or class C felony as defined in article one hundred 24 thirty of the penal law committed or attempted to be committed by a 25 person eighteen years of age or older against a person less than eigh- 26 teen years of age. In either case the court must commit or remand the 27 defendant to the custody of the sheriff. 28 7. Notwithstanding the provisions of subdivisions two[,] and three 29 [and four] of this section, a superior court may not order recognizance, 30 release under non-monetary conditions or, where authorized, bail when 31 the defendant is charged with a felony unless and until the district 32 attorney has had an opportunity to be heard in the matter and such court 33 and counsel for the defendant have been furnished with a report as 34 described in subparagraph (ii) of paragraph (b) of subdivision two of 35 section 530.20 of this article. 36 § 13. This act shall take effect immediately; provided, however, that 37 the provisions of sections four, five, six, seven, eight, nine, ten, 38 eleven and twelve of this act shall take effect on the one hundred twen- 39 tieth day after it shall have become a law.