Senator Pam Helming and Monroe County Sheriff Todd Baxter are leading a push for new legislation that would give judges more power to keep dangerous individuals off the streets before trial.
The proposed law, the PROTECT Act (Pretrial Risk Overview for Threat Evaluation, Custody, and Treatment Act), aims to address rising crime by allowing courts to consider public safety risks during pretrial custody decisions—something New York is currently the only state to prohibit.
“Public safety is an issue that affects everyone, whether you’re 9 or 99,” said Senator Helming. “The PROTECT Act resulted from a collaborative and bipartisan effort of people who believe our state government must prioritize your safety, your family’s safety, and the safety of our communities. I’m determined to make the PROTECT Act the law in New York State and I invite everyone to join us.”
The PROTECT Act would implement a standardized risk assessment tool for evaluating individuals charged with felonies or Class A misdemeanors. Judges would be required to weigh the danger a defendant poses when making custody decisions. The legislation also addresses repeat offenders by mandating custody for those arrested while out on pretrial release, unless a judge finds the risk has been mitigated. Additionally, the bill allows courts to order psychiatric evaluations and treatment for individuals posing an immediate threat to themselves or others.
Sheriff Baxter praised the legislation, saying, “This legislation equips judges with a critical risk assessment tool at arraignment, ensuring more informed and individualized bail decisions. The PROTECT Act is about accountability, fairness, and most importantly, preventing further harm to our citizens.”
Wayne County District Attorney Christine Callanan added, “The PROTECT Act is rooted in common sense: if someone poses a danger to others or themselves, courts should have the ability to act.”
Ontario County District Attorney Jim Ritts and Livingston County District Attorney Ashley Williams also voiced strong support for restoring judicial discretion in pretrial decisions, with Williams emphasizing, “The message is clear: if you re-offend during your period of pre-trial release, you will not go home.”
Assemblyman Brian Manktelow and Assemblywoman Andrea Bailey echoed the call for action, highlighting the need for judges to have the tools to protect communities and ensure fairness in the justice system.
The PROTECT Act is currently under review by the Senate’s Committee on Codes and is pending in the Assembly’s Codes Committee, sponsored by Assemblyman Billy Jones. The legislation has secured backing from numerous regional public safety organizations, including the NYS Sheriff’s Association and several Safe Communities consortiums.
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