BILL NUMBER: S2282A
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the executive law and the criminal procedure law, in
relation to enacting the "pretrial risk overview for threat evaluation,
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
 
PURPOSE:
To create a risk assessment instrument which can be used by courts to
make decisions regarding pretrial custody, prevent reoffending during
pretrial release, and clearly allow for referral of defendants suffering
from mental illness to the appropriate venue.
 
SUMMARY OF PROVISIONS:
Section 1: Legislative findings and intent
Section 2: Short title
Section 3: Amends the Executive Law to add a section 845-f; directs the
Division of Criminal Justice Services to create a risk assessment
instrument to be used by all courts in the state to aid judges in deter-
mining whether to release or detain a principal, where and when release
is appropriate, and, where applicable, necessary conditions that should
be imposed as part of such release.
Section 4: Amends Criminal Procedure Law by adding a new section 510.16;
directs courts to order the completion of a risk assessment instrument
for all principals who are charged with a felony or class A misdemeanor
Section 5: Amends subdivision 1 of section 510.10 of the criminal proce-
dure law; adds the risk that a principal poses to the safety and securi-
ty of the community, themselves, or another person to the factors to be
considered when making decisions regarding a securing order and requires
that the risk assessment created by section 3 of this act be considered
along with the recommendation of the pretrial service agencies and the
arguments of the prosecutor and principle.
Section 6: Amends subdivision 4 of section 510.10 of the criminal proce-
dure law; requires that where a principal is arrested on a new offense
of a felony or class A misdemeanor which was committed after being
released pending trial, or being issued an appearance ticket, such prin-
cipal shall be committed to the custody of the sheriff until appearing
before a judge for arraignment. Upon arraignment, the court shall remand
the principal to the custody of the sheriff unless and until the judge,
after reviewing all relevant information, including the risk assessment
instrument created pursuant to section 510.16 of this title, determines
that the risk that the principal will reoffend has been mitigated with
appropriate conditions of release. Should the court determine that such
risk cannot be mitigated with any reasonable conditions of release, the
court shall order that the principal remain in the custody of the sher-
iff during the pendency of the proceeding.
Section 7: Makes conforming changes
Section 8: Makes conforming changes
Section: 9: Makes conforming changes
Section 10: Amends Section 530.20 of the criminal procedure law is
amended by adding two new subdivisions 3 and 4 to requires that where a
principal is arrested on a new offense of a felony or class A misdemea-
nor which was committed after being released pending trial, or being
issued an appearance ticket, such principal shall be committed to the
custody of the sheriff until appearing before a judge for arraignment.
Upon arraignment, the court shall remand the principal to the custody of
the sheriff unless and until the judge, after reviewing all relevant
information, including the risk assessment instrument created pursuant
to section 510.16 of this title, determines that the risk that the prin-
cipal will reoffend has been mitigated with appropriate conditions of
release. Should the court determine that such risk cannot be mitigated
with any reasonable conditions of release, the court shall order that
the principal remain in the custody of the sheriff during the pendency
of the proceeding.
Section 11: Amends subdivision 4 of section 530.40 of the criminal
procedure law is REPEALED and two new subdivisions 4 and 8 to require
that where a principal is arrested on a new offense of a felony or class
A misdemeanor which was committed after being released pending trial, or
being issued an appearance ticket, such principal shall be committed to
the custody of the sheriff until appearing before a judge for arraign-
ment. Upon arraignment, the court shall remand the principal to the
custody of the sheriff unless and until the judge, after reviewing all
relevant information, including the risk assessment instrument created
pursuant to section 510.16 of this title, determines that the risk that
the principal will reoffend has been mitigated with appropriate condi-
tions of release. Should the court determine that such risk cannot be
mitigated with any reasonable conditions of release, the court shall
order that the principal remain in the custody of the sheriff during the
pendency of the proceeding.
Section 12: Makes conforming changes
Section 13: Sets the effective date
 
JUSTIFICATION:
In recent years, New York State has seen an increase in crime and its
residents continue to report that improving public safety should be a
top priority for elected officials. As just one example, data from the
Rochester Police Department shows a ninety percent increase in the aver-
age number of murders committed each year between 2020 and 2024 compared
to the period between 2011 and 2019. Similarly, prohibited use of a
weapon increased by two-hundred and fifty-eight percent and the average
number of motor vehicle thefts increased by two-hundred and six percent.
With figures like these, it is no wonder why New Yorkers continue to
rank improving public safety as a top priority for their elected offi-
cials. According to a December 2024 Siena poll, more than one in three
New Yorkers rank crime as one of their top two priorities that legisla-
tors and the Governor should address. More than one in ten New Yorkers
rank it as their highest priority.
In response to these startling statistics and the public's clear desire
for meaningful reform, the legislature must take steps to keep our
communities safe and address the issue of repeat offenders.
This legislation, developed in partnership with local law enforcement,
would do just that by creating a risk assessment instrument which courts
will utilize to make decisions regarding remand. This risk assessment
instrument will provide an objective method for determining the threat
posed by an individual to themselves and the community and prevent
dangerous individuals from being released back into the community pend-
ing trial.
This legislation also takes meaningful steps to address the issue of
repeat offenders by requiring that when an individual is arrested on a
new felony or class A misdemeanor offense during pretrial release, they
are kept in custody pending trial unless a judge determines that their
risk to reoffend has been adequately mitigated.
It is also clear that many of the issues we have seen regarding crime
and public safety are a result of the growing mental health crisis in
our state. To address these root causes, we must ensure that individuals
suffering mental illness have access to appropriate treatment. Accord-
ingly, this legislation makes clear that no provisions of this act
prohibit a judge from using existing statute to direct that individuals
presenting an immediate risk of serious harm to themselves or others be
transported to a hospital for a psychiatric assessment and appropriate
treatment.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
provisions of sections four, five, six, seven, eight, nine, ten, eleven
and twelve of this act shall take effect on the one hundred twentieth
day after it shall have become a law.

Statutes affected:
S2282: 510.10 criminal procedure law, 510.10(4) criminal procedure law, 510.10(5) criminal procedure law, 530.20 criminal procedure law, 530.40 criminal procedure law, 530.40(4) criminal procedure law
S2282A: 510.10 criminal procedure law, 510.10(4) criminal procedure law, 530.20 criminal procedure law, 530.40 criminal procedure law, 530.40(4) criminal procedure law