Establishes that making a terroristic threat is a qualifying offense for bail.
Includes aggravated threat of mass harm, making a threat of mass harm, aggravated harassment in the second degree, harassment in the first degree, menacing in the third degree, menacing in the second degree, menacing in the first degree, and aggravated harassment in the first degree in being eligible for bail; makes aggravated threat of mass harm and making a threat of mass harm eligible to be considered hate crimes; increases the penalties for aggravated threat of mass harm and making a threat of mass harm.
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.
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.
Authorizes the imposition of bail for certain offenses involving threats of mass harm against a school district, school, school staff or a student.
Establishes the crime of aggravated disorderly conduct; designates such crime as a specified offense for the purposes of hate crimes.
Authorizes courts to reduce or modify sentences for certain individuals when such sentence is deemed to be greater than necessary to achieve the purposes of sentencing.
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.
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.
In assault, further providing for the offense of terroristic threats.