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NY S02282
Bill
Status
1/16/2025
Primary Sponsor
Pamela Helming
Click for details
AI Summary
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Requires the Division of Criminal Justice Services to create a risk assessment instrument evaluating defendants' danger to themselves, others, and the community, considering factors such as criminal history, firearm access, gang associations, witness intimidation history, and ties to the jurisdiction
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Mandates courts to order completion of the risk assessment for all defendants charged with felonies or Class A misdemeanors, with detention allowed during the assessment period and decisions required within 48 hours absent extraordinary circumstances
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Expands judicial discretion to allow courts to commit defendants to custody, fix bail, or release on recognizance/non-monetary conditions for any qualifying offense, eliminating previous restrictions that limited bail and remand to specific "qualifying offenses"
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Requires defendants arrested for a new felony or Class A misdemeanor while already released pending trial to be held in custody until a judge determines the reoffense risk can be mitigated with appropriate release conditions
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Authorizes courts to direct psychiatric assessment and hospital treatment for defendants presenting immediate risk of serious harm to themselves or others, rather than incarceration
Legislative Description
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.
Last Action
NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
3/16/2026