Add §845-f, Exec L; add §510.16, rpld §510.10 sub 4, §530.40 sub 4, amd §§510.10, 150.20, 530.20 & 530.40, CP
L
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
________________________________________________________________________
9684
IN ASSEMBLY
January 21, 2026
___________
Introduced by M. of A. CASHMAN -- read once and referred to the Commit-
tee 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
23 individuals with serious mental illnesses are quickly evaluated and
24 provided treatment rather than being incarcerated without access to
25 necessary support. Accordingly, this proposal encourages courts to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04400-04-5
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1 utilize existing statute to refer individuals in need of mental health
2 treatment to the appropriate venue.
3 § 2. Short title. This act shall be known and may be cited as the
4 "pretrial risk overview for threat evaluation, custody, and treatment
5 (PROTECT) act".
6 § 3. The executive law is amended by adding a new section 845-f to
7 read as follows:
8 § 845-f. Risk assessment instrument. 1. The division shall create a
9 risk assessment instrument to be used by all courts in the state to aid
10 judges in determining whether to release or detain a principal, where
11 and when release is appropriate, and, where applicable, necessary condi-
12 tions that should be imposed as part of such release. Such instrument
13 shall be developed based on empirical data and risk factors relevant to
14 the danger that the principal poses to themself, another person, or the
15 community as a whole, and the likelihood that such principal may attempt
16 to evade or obstruct the criminal justice process. Such tool shall
17 incorporate the following factors, including but not limited to:
18 (a) The nature of the charge and whether it involves allegations of
19 causing or threatening harm to another person or persons;
20 (b) The principal's criminal history, with emphasis on previous
21 convictions for violent felonies, escape, bail jumping, witness tamper-
22 ing and witness intimidation, and any history of failing to appear in
23 court or failing to comply with court orders. Such criminal history
24 shall include, but not be limited to, criminal convictions, juvenile
25 delinquent and youthful offender adjudications;
26 (c) The principal's history of use or possession of firearms or access
27 to deadly weapons or dangerous instruments, as defined in section 10.00
28 of the penal law;
29 (d) The principal's known associations with criminal street gangs as
30 defined in section 10-170 of the administrative code of the city of New
31 York or a criminal enterprise, as defined in section 460.10 of the penal
32 law;
33 (e) Any history of threats or intimidation to witnesses in prior crim-
34 inal proceedings; and
35 (f) The extent of the principal's history within the jurisdiction
36 where the criminal charges are pending, and the extent of ties, includ-
37 ing family ties, outside the state of New York.
38 2. Nothing in this section shall prohibit the division from incorpo-
39 rating any other factors which may aid in determining whether a princi-
40 pal poses a risk of flight or a safety risk.
41 3. Such instrument shall include a recommendation as to whether a
42 principal should be detained, released on bail, or released on non-mone-
43 tary conditions as well as a recommendation as to which non-monetary
44 conditions should be imposed.
45 § 4. The criminal procedure law is amended by adding a new section
46 510.16 to read as follows:
47 § 510.16 Completion of risk assessment instrument.
48 1. The court shall order the completion of a risk assessment instru-
49 ment created by the division of criminal justice services pursuant to
50 section eight hundred forty-seven-f of the executive law for all princi-
51 pals who are charged with a felony or class A misdemeanor. Once a prin-
52 cipal is arraigned on a felony or class A misdemeanor, the court shall
53 direct the applicable pretrial services agency to complete a risk
54 assessment instrument. The court shall order the detention of a princi-
55 pal pending the completion of such risk assessment instrument. Absent
A. 9684 3
1 extraordinary circumstances, the court shall make a decision on
2 detention within forty-eight hours.
3 2. No court may release a principal charged with a felony or a class A
4 misdemeanor unless and until it has had an opportunity to review and
5 consider a completed risk assessment instrument.
6 § 5. Subdivision 1 of section 510.10 of the criminal procedure law, as
7 amended by section 1 of subpart C of part UU of chapter 56 of the laws
8 of 2022, the opening paragraph as amended by section 2 of subpart A of
9 part VV of chapter 56 of the laws of 2023, is amended to read as
10 follows:
11 1. When a principal, whose future court attendance at a criminal
12 action or proceeding is or may be required, comes under the control of a
13 court, such court shall impose a securing order in accordance with this
14 title. Except as otherwise required by law, the court shall make an
15 individualized determination as to whether the principal poses a risk of
16 flight to avoid prosecution and/or a risk to the safety and security of
17 the community, themself, or another person, consider the kind and degree
18 of control or restriction necessary to reasonably assure the principal's
19 return to court, and select a securing order consistent with its deter-
20 mination under this subdivision. The court shall explain the basis for
21 its determination and its choice of securing order on the record or in
22 writing. In making a determination under this subdivision, the court
23 must consider and take into account the risk assessment instrument, the
24 recommendation of the pretrial services agencies, the arguments of the
25 prosecutor and principal and available information about the principal,
26 including:
27 (a) The principal's character, reputation, habits, mental condition,
28 activities and history;
29 (b) If the principal is a defendant, the charges facing the principal
30 and the weight of the evidence against such principal in the pending
31 criminal action;
32 (c) The principal's criminal conviction record if any;
33 (d) The principal's record of previous adjudication as a juvenile
34 delinquent, as retained pursuant to section 354.1 of the family court
35 act, or, of pending cases where fingerprints are retained pursuant to
36 section 306.1 of such act, or a youthful offender, if any;
37 (e) The principal's previous record with respect to flight to avoid
38 criminal prosecution and lack of compliance with court orders;
39 (f) [If monetary bail is authorized, according to the restrictions set
40 forth in this title, the principal's individual financial circumstances,
41 and, in cases where bail is authorized, the principal's ability to post
42 bail without posing undue hardship, as well as his or her ability to
43 obtain a secured, unsecured, or partially secured bond;
44 (g)] Any violation by the principal of an order of protection issued
45 by any court;
46 [(h)] (g) The principal's history of use or possession of a firearm;
47 [(i)] (h) Whether the charge is alleged to have caused serious harm to
48 an individual or group of individuals; [and
49 (j)] (i) If the principal is a defendant, in the case of an applica-
50 tion for a securing order pending appeal, the merit or lack of merit of
51 the appeal[.];
52 (j) Whether the principal has any known associations with criminal
53 street gangs or criminal enterprises;
54 (k) The principal's ties to the jurisdiction where the court sits and
55 whether the principal has any ties outside the state of New York; and
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1 (l) The charges facing the principal and the weight of the evidence
2 against such principal in the pending criminal action.
3 § 6. Subdivision 4 of section 510.10 of the criminal procedure law is
4 REPEALED and two new subdivisions 4 and 7 are added to read as follows:
5 4. Where a principal is arrested on a new offense of a felony or class
6 A misdemeanor which was committed after being released pending trial, or
7 being issued an appearance ticket, such principal shall be committed to
8 the custody of the sheriff until appearing before a judge for arraign-
9 ment. Upon arraignment, the court shall remand the principal to the
10 custody of the sheriff unless and until the judge, after reviewing all
11 relevant information, including the risk assessment instrument created
12 pursuant to section 510.16 of this title, determines that the risk that
13 the principal will reoffend has been mitigated with appropriate condi-
14 tions of release. Should the court determine that such risk cannot be
15 mitigated with any reasonable conditions of release, the court shall
16 order that the principal remain in the custody of the sheriff during the
17 pendency of the proceeding.
18 7. Nothing in this section shall prohibit the court from directing
19 that a defendant who presents an immediate risk of serious harm to them-
20 self or others be transported to a hospital for a psychiatric assessment
21 and appropriate treatment pursuant to paragraph (b) of subdivision
22 three-c of section 500.10 of this title.
23 § 7. Subdivisions 3 and 5 of section 510.10 of the criminal procedure
24 law, subdivision 3 as amended by section 2 of subpart A of part VV of
25 chapter 56 of the laws of 2023 and subdivision 5 as added by section 2
26 of part JJJ of chapter 59 of the laws of 2019, is amended to read as
27 follows:
28 3. [In cases other than as described in subdivision four of this
29 section, the] The court [shall] may commit the principal to the custody
30 of the sheriff, fix bail, release the principal pending trial on the
31 principal's own recognizance, [unless the court finds on the record or
32 in writing that release on the principal's own recognizance will not
33 reasonably assure the principal's return to court. In such instances,
34 the court shall] or release the principal under non-monetary conditions
35 as provided for in subdivision three-a of section 500.10 of this title
36 that will reasonably assure the principal's return to court. The court
37 shall explain its choice of securing order on the record or in writing.
38 5. Notwithstanding the provisions of [subdivisions] subdivision three
39 [and four] of this section, with respect to any charge for which bail or
40 remand is not ordered, and for which the court would not or could not
41 otherwise require bail or remand, a defendant may, at any time, request
42 that the court set bail in a nominal amount requested by the defendant
43 in the form specified in paragraph (a) of subdivision one of section
44 520.10 of this title; if the court is satisfied that the request is
45 voluntary, the court shall set such bail in such amount.
46 § 8. Subparagraphs (ix), (x) and (xi) of paragraph (b) of subdivision
47 1 of section 150.20 of the criminal procedure law, as added by section 1
48 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
49 to read as follows:
50 (ix) the person is eighteen years of age or older and charged with
51 criminal possession of a weapon on school grounds as defined in section
52 265.01-a of the penal law; or
53 (x) the person is eighteen years of age or older and charged with a
54 hate crime as defined in section 485.05 of the penal law[; or
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1 (xi) the offense is a qualifying offense pursuant to paragraph (t) of
2 subdivision four of section 510.10 of this chapter, or pursuant to para-
3 graph (t) of subdivision four of section 530.40 of this chapter].
4 § 9. Subdivision 1 of section 530.20 of the criminal procedure law, as
5 amended by section 16 of part JJJ of chapter 59 of the laws of 2019,
6 paragraph (a) and the opening paragraph of paragraph (b) as amended by
7 section 6 of subpart A of part VV of chapter 56 of the laws of 2023,
8 paragraph (b) as amended by section 3 of part UU of chapter 56 of the
9 laws of 2020, subparagraphs (xix) and (xx) of paragraph (b) as amended
10 and subparagraph (xxi) of paragraph (b) as added by section 4 of subpart
11 C of part UU of chapter 56 of the laws of 2022, is amended to read as
12 follows:
13 1. (a) [In cases other than as described in paragraph (b) of this
14 subdivision, the] The court shall commit the principal to the custody of
15 the sheriff, fix bail, release the principal pending trial on the prin-
16 cipal's own recognizance or release the principal pending trial under
17 non-monetary conditions, the determination for which shall be made in
18 accordance with subdivision one of section 510.10 of this title. The
19 court shall explain the basis for its determination and choice of secur-
20 ing order on the record or in writing.
21 (b) [Where the principal stands charged with a qualifying offense, the
22 court, unless otherwise prohibited by law, may in its discretion release
23 the principal pending trial on the principal's own recognizance or under
24 non-monetary conditions, fix bail, order non-monetary conditions in
25 conjunction with fixing bail, or, where the defendant is charged with a
26 qualifying offense which is a felony, the court may commit the principal
27 to the custody of the sheriff. The court shall explain its choice of
28 securing order on the record or in writing. A principal stands charged
29 with a qualifying offense when he or she stands charged with:
30 (i) a felony enumerated in section 70.02 of the penal law, other than
31 robbery in the second degree as defined in subdivision one of section
32 160.10 of the penal law, provided, however, that burglary in the second
33 degree as defined in subdivision two of section 140.25 of the penal law
34 shall be a qualifying offense only where the defendant is charged with
35 entering the living area of the dwelling;
36 (ii) a crime involving witness intimidation under section 215.15 of
37 the penal law;
38 (iii) a crime involving witness tampering under section 215.11, 215.12
39 or 215.13 of the penal law;
40 (iv) a class A felony defined in the penal law, provided, that for
41 class A felonies under article two hundred twenty of such law, only
42 class A-I felonies shall be a qualifying offense;
43 (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
44 the penal law, or a felony sex offense defined in section 70.80 of the
45 penal law or a crime involving incest as defined in section 255.25,
46 255.26 or 255.27 of such law, or a misdemeanor defined in article one
47 hundred thirty of such law;
48 (vi) conspiracy in the second degree as defined in section 105.15 of
49 the penal law, where the underlying allegation of such charge is that
50 the defendant conspired to commit a class A felony defined in article
51 one hundred twenty-five of the penal law;
52 (vii) money laundering in support of terrorism in the first degree as
53 defined in section 470.24 of the penal law; money laundering in support
54 of terrorism in the second degree as defined in section 470.23 of the
55 penal law; money laundering in support of terrorism in the third degree
56 as defined in section 470.22 of the penal law; money laundering in
A. 9684 6
1 support of terrorism in the fourth degree as defined in section 470.21
2 of the penal law; or a felony crime of terrorism as defined in article
3 four hundred ninety of the penal law, other than the crime defined in
4 section 490.20 of such law;
5 (viii) criminal contempt in the second degree as defined in subdivi-
6 sion three of section 215.50 of the penal law, criminal contempt in the
7 first degree as defined in subdivision (b), (c) or (d) of section 215.51
8 of the penal law or aggravated criminal contempt as defined in section
9 215.52 of the penal law, and the underlying allegation of such charge of
10 criminal contempt in the second degree, criminal contempt in the first
11 degree or aggravated criminal contempt is that the defendant violated a
12 duly served order of protection where the protected party is a member of
13 the defendant's same family or household as defined in subdivision one
14 of section 530.11 of this article;
15 (ix) facilitating a sexual performance by a child with a controlled
16 substance or alcohol as defined in section 263.30 of the penal law, use
17 of a child in a sexual performance as defined in section 263.05 of the
18 penal law or luring a child as defined in subdivision one of section
19 120.70 of the penal law, promoting an obscene sexual performance by a
20 child as defined in section 263.10 of the penal law or promoting a sexu-
21 al performance by a child as defined in section 263.15 of the penal law;
22 (x) any crime that is alleged to have caused the death of another
23 person;
24 (xi) criminal obstruction of breathing or blood circulation as defined
25 in section 121.11 of the penal law, strangulation in the second degree
26 as defined in section 121.12 of the penal law or unlawful imprisonment
27 in the first degree as defined in section 135.10 of the penal law, and
28 is alleged to have committed the offense against a member of the defend-
29 ant's same family or household as defined in subdivision one of section
30 530.11 of this article;
31 (xii) aggravated vehicular assault as defined in section 120.04-a of
32 the penal law or vehicular assault in the first degree as defined in
33 section 120.04 of the penal law;
34 (xiii) assault in the third degree as defined in section 120.00 of the
35 penal law or arson in the third degree as defined in section 150.10 of
36 the penal law, when such crime is charged as a hate crime as defined in
37 section 485.05 of the penal law;
38 (xiv) aggravated assault upon a person less than eleven years old as
39 defined in section 120.12 of the penal law or criminal possession of a
40 weapon on school grounds as defined in section 265.01-a of the penal
41 law;
42 (xv) grand larceny in the first degree as defined in section 155.42 of
43 the penal law, enterprise corruption as defined in section 460.20 of the
44 penal law, or money laundering in the first degree as defined in section
45 470.20 of the penal law;
46 (xvi) failure to register as a sex offender pursuant to section one
47 hundred sixty-eight-t of the correction law or endangering the welfare
48 of a child as defined in subdivision one of section 260.10 of the penal
49 law, where the defendant is required to maintain registration under
50 article six-C of the correction law and designated a level three offen-
51 der pursuant to subdivision six of section one hundred sixty-eight-l of
52 the correction law;
53 (xvii) a crime involving bail jumping under section 215.55, 215.56 or
54 215.57 of the penal law, or a crime involving escaping from custody
55 under section 205.05, 205.10 or 205.15 of the penal law;
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1 (xviii) any felony offense committed by the principal while serving a
2 sentence of probation or while released to post release supervision;
3 (xix) a felony, where the defendant qualifies for sentencing on such
4 charge as a persistent felony offender pursuant to section 70.10 of the
5 penal law;
6 (xx) any felony or class A misdemeanor involving harm to an identifi-
7 able person or property, or any charge of criminal possession of a
8 firearm as defined in section 265.01-b of the penal law where such
9 charge arose from conduct occurring while the defendant was released on
10 his or her own recognizance, released under conditions, or had yet to be
11 arraigned after the issuance of a desk appearance ticket for a separate
12 felony or class A misdemeanor involving harm to an identifiable person
13 or property, provided, however, that the prosecutor must show reasonable
14 cause to believe that the defendant committed the instant crime and any
15 underlying crime. For the purposes of this subparagraph, any of the
16 underlying crimes need not be a qualifying offense as defined in this
17 subdivision. For the purposes of this paragraph, "harm to an identifi-
18 able person or property" shall include but not be limited to theft of or
19 damage to property. However, based upon a review of the facts alleged in
20 the accusatory instrument, if the court determines that such theft is
21 negligible and does not appear to be in furtherance of other criminal
22 activity, the principal shall be released on his or her own recognizance
23 or under appropriate non-monetary conditions; or
24 (xxi) criminal possession of a weapon in the third degree as defined
25 in subdivision three of section 265.02 of the penal law or criminal sale
26 of a firearm to a minor as defined in section 265.16 of the penal law.
27 (d)] Notwithstanding the provisions of [paragraphs] paragraph (a) [and
28 (b)] of this subdivision, with respect to any charge for which bail or
29 remand is not ordered, and for which the court would not or could not
30 otherwise require bail or remand, a defendant may, at any time, request
31 that the court set bail in a nominal amount requested by the defendant
32 in the form specified in paragraph (a) of subdivision one of section
33 520.10 of this title; if the court is satisfied that the request is
34 voluntary, the court shall set such bail in such amount.
35 § 10. Section 530.20 of the criminal procedure law is amended by
36 adding two new subdivisions 3 and 4 to read as follows:
37 3. Where a principal is arrested on a new offense of a felony or class
38 A misdemeanor which was committed after being released pending trial, or
39 being issued an appearance ticket, such principal shall be committed to
40 the custody of the sheriff until appearing before a judge for arraign-
41 ment. Upon arraignment, the court shall remand the principal to the
42 custody of the sheriff unless and until the judge, after reviewing all
43 relevant information, including the risk assessment instrument created
44 pursuant to section 510.16 of this title, determines that the risk that
45 the principal will reoffend has been mitigated with appropriate condi-
46 tions of release. Should the court determine that such risk cannot be
47 mitigated with any reasonable conditions of release, the court shall
48 order that the principal remain in the custody of the sheriff during the
49 pendency of the proceeding.
50 4. Nothing in this section shall prohibit the court from directing
51 that a defendant who presents an immediate risk of serious harm to them-
52 self or others be transported to a hospital for a psychiatric assessment
53 and appropriate treatment pursuant to paragraph (b) of subdivision
54 three-c of section 500.10 of this title.
55 § 11. Subdivision 4 of section 530.40 of the criminal procedure law is
56 REPEALED and two new subdivisions 4 and 8 are added to read as follows:
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1 4. Where a principal is arrested on a new offense of a felony or class
2 A misdemeanor which was committed after being released pending trial, or
3 being issued an appearance ticket, such principal shall be committed to
4 the custody of the sheriff until appearing before a judge for arraign-
5 ment. Upon arraignment, the court shall remand the principal to the
6 custody of the sheriff unless and until the judge, after reviewing all
7 relevant information, including the risk assessment instrument created
8 pursuant to section 510.16 of this title, determines that the risk that
9 the principal will reoffend has been mitigated with appropriate condi-
10 tions of release. Should the court determine that such risk cannot be
11 mitigated with any reasonable conditions of release, the court shall
12 order that the principal remain in the custody of the sheriff during the
13 pendency of the proceeding.
14 8. Nothing in this section shall prohibit the court from directing
15 that a defendant who presents an immediate risk of serious harm to them-
16 self or others be transported to a hospital for a psychiatric assessment
17 and appropriate treatment pursuant to paragraph (b) of subdivision
18 three-c of section 500.10 of this title.
19 § 12. Subdivisions 2, 5, 6 and 7 of section 530.40 of the criminal
20 procedure law, subdivision 5 as added and subdivisions 2, 6 and 7 as
21 amended by section 18 of part JJJ of chapter 59 of the laws of 2019, are
22 amended to read as follows:
23 2. [When the defendant is charged with a felony, the] The court may[,
24 unless otherwise provided by law in its discretion,] order recognizance,
25 release under non-monetary conditions or, [where authorized,] bail. In
26 any such case in which an indictment (a) has resulted from an order of a
27 local criminal court holding the defendant for the action of the grand
28 jury, or (b) was filed at a time when a felony complaint charging the
29 same conduct was pending in a local criminal court, and in which such
30 local criminal court or a superior court judge has issued an order of
31 recognizance, release under non-monetary conditions or, where author-
32 ized, bail which is still effective, the superior court's order may be
33 in the form of a direction continuing the effectiveness of the previous
34 order.
35 5. Notwithstanding the provisions of [subdivisions] subdivision three
36 [and four] of this section, with respect to any charge for which bail or
37 remand is not ordered, and for which the court would not or could not
38 otherwise require bail or remand, a defendant may, at any time, request
39 that the court set bail in a nominal amount requested by the defendant
40 in the form specified in paragraph (a) of subdivision one of section
41 520.10 of this title; if the court is satisfied that the request is
42 voluntary, the court shall set such bail in such amount.
43 6. Notwithstanding the provisions of subdivisions two[,] and three
44 [and four] of this section, a superior court may not order recognizance,
45 release under non-monetary conditions or, where authorized, bail, or
46 permit a defendant to remain at liberty pursuant to an existing order,
47 after the defendant has been convicted of either: (a) a class A felony
48 or (b) any class B or class C felony as defined in article one hundred
49 thirty of the penal law committed or attempted to be committed by a
50 person eighteen years of age or older against a person less than eigh-
51 teen years of age. In either case the court must commit or remand the
52 defendant to the custody of the sheriff.
53 7. Notwithstanding the provisions of subdivisions two[,] and three
54 [and four] of this section, a superior court may not order recognizance,
55 release under non-monetary conditions or, where authorized, bail when
56 the defendant is charged with a felony unless and until the district
A. 9684 9
1 attorney has had an opportunity to be heard in the matter and such court
2 and counsel for the defendant have been furnished with a report as
3 described in subparagraph (ii) of paragraph (b) of subdivision two of
4 section 530.20 of this article.
5 § 13. This act shall take effect immediately; provided, however, that
6 the provisions of sections four, five, six, seven, eight, nine, ten,
7 eleven and twelve of this act shall take effect on the one hundred twen-
8 tieth day after it shall have become a law.
