Senator Pam Helming and Monroe County Sheriff Todd Baxter, along with local law enforcement and community leaders, are advocating for the passage of the PROTECT Act (S.2282A) in the New York State legislature. On Friday, elected leaders and law enforcement agencies from around the region discussed the PROTECT Act, which stands for Pretrial Risk Overview for Threat Evaluation, Custody, and Treatment Act. They said the legislation aims to give judges the tools they need to detain individuals who pose a serious risk of committing violent crimes while awaiting trial.
Current Challenges in Public Safety
New York is uniquely positioned as the only state that does not allow courts to consider public safety when making pretrial custody decisions. Without a clear standard for identifying dangerous individuals, the state has witnessed an alarming increase in crime involving repeat offenders.
Key Provisions of the PROTECT Act
If enacted, the PROTECT Act will:
- Implement a Risk Assessment Tool: Courts will use a standardized assessment, developed by the New York State Division of Criminal Justice Services, to evaluate the potential threat posed by individuals charged with a felony or Class A misdemeanor. This will help prevent the release of those who pose a danger to themselves or the community.
- Prioritize Community Safety: Judges will be required to consider the risks individuals pose to public safety when determining pretrial custody.
- Address Repeat Offenders: Individuals arrested for new felony or Class A misdemeanor offenses while on pretrial release will remain in custody unless a judge determines their risk to re-offend has been sufficiently mitigated.
- Support Mental Health Interventions: The act acknowledges the ongoing mental health crisis and allows courts to direct individuals who pose an immediate risk to themselves or others to receive psychiatric evaluations and appropriate treatment.
Senator Helming stated, “Public safety is an issue that affects everyone, whether you’re 9 or 99. Whether you’re a parent, a working professional, or a small business owner. Whether you’re a victim of a crime or care for someone who is. Securing safer streets is a goal we should all share. 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.”
“I strongly support the PROTECT Act and am grateful to be part of its development,” said Monroe County Sheriff Todd K. Baxter. “This legislation equips judges with a critical risk assessment tool at arraignment, ensuring more informed and individualized bail decisions. By considering an individual’s history and potential to reoffend, we can better protect our communities while also addressing the role of poverty in the justice system, because detention should be based on risk, not financial means. The PROTECT Act is about accountability, fairness, and most importantly, preventing further harm to our citizens.”
Wayne County District Attorney Christine Callanan said, “The PROTECT Act is rooted in common sense: if someone poses a danger to others or themselves, courts should have the ability to act. Victims should not have to live in fear because the system lacks the tools to keep communities safe. This bill brings balance back to our justice system; protecting the rights of the accused while making sure the rights of victims and the safety of the public are never overlooked. It’s a smart, fair, and necessary step forward.”
Ontario County District Attorney Jim Ritts said, “The need to include an individual’s threat to commit further violent crimes is important in determining whether cash bail is appropriate. Taking that discretion from Judges was wrong when it happened and continues to limit the ability of the Courts to contemplate the risk to re-offend as a bail consideration. I support the Senator’s efforts to restore this discretion and evaluation to our Judges.”
Next Steps
The PROTECT Act (S.2282) is currently under review by the Senate’s Committee on Codes. Assemblyman Billy Jones sponsors the legislation in the NYS Assembly (A7009) where it is also pending in the Codes Committee.
This legislation has secured the support of the NYS Sheriff’s Association, Finger Lakes Region Consortium for Safe Communities, Niagara Region Consortium for Safe Communities, Central NY Region Consortium for Safe Communities, Erie County Consortium for Safe Communities and Monroe County Consortium for Safe Communities.
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