New York A 9684: Enacts the "pretrial risk overview for threat evaluation, custody, and treatment (PROTECT) act"; repealer

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A09684 Summary:

BILL NOA09684 

&nbsp

SAME ASSAME AS S02282-A

&nbsp

SPONSORCashman

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §845-f, Exec L; add §510.16, rpld §510.10 sub 4, §530.40 sub 4, amd §§510.10, 150.20, 530.20 & 530.40, CP
L

&nbsp

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.

Go to top A09684 Actions:

BILL NOA09684 

&nbsp

01/21/2026referred to codes

Go to topA09684 Committee&nbspVotes:

Go to topA09684 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09684 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9684

 IN ASSEMBLY

 January 21, 2026
 ___________

 Introduced by M. of A. CASHMAN -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the executive law and the criminal procedure law, in
 relation to enacting the "pretrial risk overview for threat evalu-
 ation, custody, and treatment (PROTECT) act" and establishing a risk
 assessment instrument to evaluate certain defendants; and to repeal
 certain provisions of the criminal procedure law relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings and intent. The legislature finds that
 2 localities throughout New York State have struggled to prevent the pre-
 3 trial release of individuals who pose a threat to themselves and their
 4 communities. Moreover, many municipalities outside of New York City lack
 5 adequate funding and resources to develop and appropriate plans and
 6 invest in necessary technology, such as GPS monitoring, for successful
 7 monitoring of criminal defendants who have been released into the commu-
 8 nity pending trial. We also find that the current system for determining
 9 remand, coupled with this lack of resources, has enabled individuals to
 10 reoffend during their period of pre-trial release. As a result, we have
 11 seen an increase in crime and a growing concern about public safety
 12 throughout our state. In response, the legislature seeks to create a
 13 system that balances reasonable fairness for criminal defendants and the
 14 need to protect the public from dangerous offenders. This proposal would
 15 create a risk assessment instrument to determine the danger an individ-
 16 ual poses to themselves and the community. By using this instrument,
 17 courts can make decisions regarding remand which are unrelated to an
 18 individual's ability to afford bail, accomplishing the stated goals of
 19 previous reforms while also ensuring public safety. This proposal
 20 further addresses the threat posed by repeat offenders by ensuring that
 21 individuals arrested for a new serious offense after being released
 22 remain in custody pending trial. We also find that it is crucial that
 23 individuals with serious mental illnesses are quickly evaluated and
 24 provided treatment rather than being incarcerated without access to
 25 necessary support. Accordingly, this proposal encourages courts to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04400-04-5

 A. 9684 2

 1 utilize existing statute to refer individuals in need of mental health
 2 treatment to the appropriate venue.
 3 § 2. Short title. This act shall be known and may be cited as the
 4 "pretrial risk overview for threat evaluation, custody, and treatment
 5 (PROTECT) act".
 6 § 3. The executive law is amended by adding a new section 845-f to
 7 read as follows:
 8 § 845-f. Risk assessment instrument. 1. The division shall create a
 9 risk assessment instrument to be used by all courts in the state to aid
 10 judges in determining whether to release or detain a