State Senator Tom O’Mara is renewing his call for New York lawmakers to pass the PROTECT Act — a bill he says is critical to reversing years of “failed” bail and discovery reforms that have put communities at risk.
In his weekly column for the week of December 15, O’Mara slammed the state’s 2019 criminal justice changes, arguing they’ve had a destructive impact on public safety by limiting judges’ ability to consider dangerousness when deciding whether to hold someone in custody before trial.
“Albany Democrats would rather handcuff our judges instead of criminals,” said Senate Minority Leader Rob Ortt, who joined O’Mara and other Republicans in backing the legislation.
The PROTECT Act (S2282), introduced by Senator Pam Helming and co-sponsored by O’Mara, would give judges a formal risk-assessment tool to evaluate whether someone charged with a violent offense should remain in custody or be released before trial. New York is currently the only state that bars courts from considering public safety as a factor in pretrial detention.
O’Mara said the legislation was developed with input from law enforcement, prosecutors, and community leaders. He argued that without it, too many offenders continue to cycle through the justice system with no consequences — and innocent New Yorkers pay the price.
“We have not accomplished anything meaningful to fix an exceedingly dangerous law,” O’Mara wrote, pushing back on Governor Hochul’s 2023 claim that the state had done enough on bail reform.
Supporters of the bill say it balances public safety with defendants’ rights, and allows for court-ordered mental health evaluations when appropriate. Suffolk County District Attorney Ray Tierney called it “commonsense legislation” and criticized the state’s refusal to consider dangerousness even in cases involving serious charges like murder or terrorism.
O’Mara and other backers argue the PROTECT Act is not just a political statement — it’s a long-overdue correction to reforms that have failed victims and communities.
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