Gates, N.Y. — State lawmakers are pushing legislation that could significantly change how courts decide whether defendants are released or detained before trial in New York.
The proposed “PROTECT Act” would require courts to use a standardized risk assessment for defendants charged with a felony or Class A misdemeanor. Judges could use the assessment to determine whether someone should be released or detained and what conditions should be imposed if they are released.
The legislation would also repeal the state’s current qualifying-offense framework and allow courts to set bail or remand a defendant based on whether the assessment finds the person poses a safety risk or risk of flight. Judges would also consider risks to the defendant, another person or the community when making pretrial decisions.
Republican State Sen. Pam Helming joined law enforcement leaders and Republican candidate for governor Bruce Blakeman in Gates on Monday to advocate for the bill.
“I feel very strongly that the PROTECT Act balances the rights of the accused with the rights of the victim and the need to keep our community safe,” Helming said.
The Protect Act is currently in the Senate Codes Committee. It would need to pass both chambers of the state Legislature before it could be sent to Gov. Kathy Hochul for consideration.