Allows courts to consider whether a principal poses a current physical danger to the safety of any crime victim, person or the community when determining bail.
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.
Requires the court to make an individualized determination whether a defendant poses a current physical threat to any person or to public safety when making a bail determination.
Requires the court to make an individualized determination whether a defendant poses a current physical threat to any person or to public safety when making a bail determination.
Includes offenses involving situations where a person physically harms another or engages in conduct that results in an unacceptable level of danger as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail; requires the Office of Court Administration, in conjunction with the New York State Division of Criminal Justice Services, to manage an electronic tracking system maintaining a record of all bail decisions and to deliver a report to the legislature.
Requires courts to consider whether an individual poses a risk or threat of physical danger to the safety of any person or the community when imposing a securing order; makes stalking in the second and third degree a qualifying offense; makes related provisions.
Adding consideration of whether the offender has physical custody of such offender's minor child or is a legal guardian or custodian with physical custody of a minor child to the factors considered for diversions and dispositional departures.
Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses within the immediate preceding five years.
Makes all offenses qualifying offenses for bail where the principal is a non-citizen; requires courts remand without bail when any principal charged with an offense has an outstanding United States immigration and customs enforcement detainer; includes federal laws, rules, and regulations in the definition of offense; allows police officers to detain certain non-citizens; reinstates the maximum sentence for misdemeanors as three hundred sixty-five days.
Permits those individuals convicted of multiple felonies and misdemeanors to have their records expunged and provide criteria for the court to consider in determining whether the person is of good moral character.