New York Assembly Bill A09684

New York 2025-2026 Regular Session

• Introduced: 1/21/26
• Refer: 1/21/26

Caption

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.

Impact

If enacted, the PROTECT Act would significantly alter the ways in which defendants are evaluated for pretrial release. Specifically, the bill would allow judges to consider an individual's potential danger to the community and their likelihood of flight as key factors in their decision-making process. Furthermore, it emphasizes the importance of promptly addressing mental health needs for those defendants who may require treatment rather than incarceration. This could lead to better outcomes for individuals struggling with mental health issues, ensuring they receive the necessary support while still addressing the overarching concern of public safety.

Summary

Bill A09684, known as the PROTECT Act, introduces a framework for pretrial risk assessment to evaluate certain defendants in the New York justice system. The primary objective of this legislation is to establish a risk assessment instrument that assists judges in determining if a defendant should be released or detained prior to trial, with a focus on ensuring public safety. This bill aims to address the shortcomings in the current bail system, which critics argue often leads to dangerous individuals being released due to their inability to afford bail. By employing a data-driven assessment, courts can make more informed decisions that do not rely solely on financial capabilities.

Contention

The proposed legislation has sparked discussions regarding the balance between ensuring public safety and maintaining fairness in the judicial process. Supporters of the bill argue that it is a necessary step toward criminal justice reform, promoting a safer environment for communities. However, opponents raise concerns about the potential for misuse of the risk assessment tool, suggesting it could lead to biased decisions based on subjective interpretations of risks rather than objective factors. Additionally, there is apprehension about the implications this legislation may have on individuals' rights and the potential for it to reinforce problems inherent in the judicial system, particularly for marginalized communities.