NY State Senate Bill 2025-S2282A

Senate Bill S2282A

2025-2026 Legislative Session

Enacts the "pretrial risk overview for threat evaluation, custody, and treatment (PROTECT) Act"; repealer

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Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2025	print number 2282a
Jan 23, 2025	amend and recommit to codes
Jan 16, 2025	referred to codes

Bill Amendments

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A (Active)

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2025-S2282 - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: 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

2025-S2282 - Summary

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.

2025-S2282 - Sponsor Memo

                                 
BILL NUMBER: S2282

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the executive law and the criminal procedure law, in
relation to enacting the "pretrial risk overview for threat evaluation,
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

 
PURPOSE::

To create a risk assessment instrument which can be used by courts to
make decisions regarding pretrial custody, prevent reoffending during
pretrial release, and clearly allow for referral of defendants suffering
from mental illness to the appropriate venue.

 
SUMMARY OF PROVISIONS::

Section 1: Legislative findings and intent

Section 2: Short title

Section 3: Amends the Executive Law to add a section 845-f; directs the
Division of Criminal Justice Services to create a risk assessment
instrument to be used by all courts in the state to aid judges in deter-
mining whether to release or detain a principal, where and when release
is appropriate, and, where applicable, necessary conditions that should
be imposed as part of such release.

Section 4: Amends Criminal Procedure Law by adding a new section 510.16;
directs courts to order the completion of a risk assessment instrument
for all principals who are charged with a felony or class A misdemeanor

Section 5: Amends subdivision 1 of section 510.10 of the criminal proce-
dure law; adds the risk that a principal poses to the safety and securi-
ty of the community, themselves, or another person to the factors to be
considered when making decisions regarding a securing order and requires
that the risk assessment created by section 3 of this act be considered
along with the recommendation of the pretrial service agencies and the
arguments of the prosecutor and principle.

Section 6: Amends subdivision 4 of section 510.10 of the criminal proce-
dure law; requires that where a principal is arrested on a new offense
of a felony or class A misdemeanor which was committed after being
released pending trial, or being issued an appearance ticket, such prin-
cipal shall be committed to the custody of the sheriff until appearing
before a judge for arraignment. Upon arraignment, the court shall remand
the principal to the custody of the sheriff unless and until the judge,
after reviewing all relevant information, including the risk assessment
instrument created pursuant to section 510.16 of this title, determines
that the risk that the principal will reoffend has been mitigated with
appropriate conditions of release. Should the court determine that such
risk cannot be mitigated with any reasonable conditions of release, the
court shall order that the principal remain in the custody of the sher-
iff during the pendency of the proceeding.

Section 7: Makes conforming changes
Section 8: Makes conforming changes Section: 9: Makes conforming changes

Section 10: Amends Section 530.20 of the criminal procedure law is
amended by adding two new subdivisions 3 and 4 to requires that where a
principal is arrested on a new offense of a felony or class A misdemea-
nor which was committed after being released pending trial, or being
issued an appearance ticket, such principal shall be committed to the
custody of the sheriff until appearing before a judge for arraignment.
Upon arraignment, the court shall remand the principal to the custody of
the sheriff unless and until the judge, after reviewing all relevant
information, including the risk assessment instrument created pursuant
to section 510.16 of this title, determines that the risk that the prin-
cipal will reoffend has been mitigated with appropriate conditions of
release. Should the court determine that such risk cannot be mitigated
with any reasonable conditions of release, the court shall order that
the principal remain in the custody of the sheriff during the pendency
of the proceeding.

Section 11: Amends subdivision 4 of section 530.40 of the criminal
procedure law is REPEALED and two new subdivisions 4 and 8 to require
that where a principal is arrested on a new offense of a felony or class
A misdemeanor which was committed after being released pending trial, or
being issued an appearance ticket, such principal shall be committed to
the custody of the sheriff until appearing before a judge for arraign-
ment. Upon arraignment, the court shall remand the principal to the
custody of the sheriff unless and until the judge, after reviewing all
relevant information, including the risk assessment instrument created
pursuant to section 510.16 of this title, determines that the risk that
the principal will reoffend has been mitigated with appropriate condi-
tions of release. Should the court determine that such risk cannot be
mitigated with any reasonable conditions of release, the court shall
order that the principal remain in the custody of the sheriff during the
pendency of the proceeding.

Section 12: Makes conforming changes

Section 13: Sets the effective date

 
JUSTIFICATION::

In recent years, New York State has seen an increase in crime and its
residents continue to report that improving public safety should be a
top priority for elected officials. As just one example, data from the
Rochester Police Department shows a ninety percent increase in the aver-
age number of murders committed each year between 2020 and 2024 compared
to the period between 2011 and 2019. Similarly, prohibited use of a
weapon increased by two-hundred and fifty-eight percent and the average
number of motor vehicle thefts increased by two-hundred and six percent.

With figures like these, it is no wonder why New Yorkers continue to
rank improving public safety as a top priority for their elected offi-
cials. According to a December 2024 Siena poll, more than one in three
New Yorkers rank crime as one of their top two priorities that legisla-
tors and the Governor should address. More than one in ten New Yorkers
rank it as their highest priority.



In response to these startling statistics and the public's clear desire
for meaningful reform, the legislature must take steps to keep our
communities safe and address the issue of repeat offenders.

This legislation, developed in partnership with local law enforcement,
would do just that by creating a risk assessment instrument which courts
will utilize to make decisions regarding remand. This risk assessment
instrument will provide an objective method for determining the threat
posed by an individual to themselves and the community and prevent
dangerous individuals from being released back into the community pend-
ing trial.

This legislation also takes meaningful steps to address the issue of
repeat offenders by requiring that when an individual is arrested on a
new felony or class A misdemeanor offense during pretrial release, they
are kept in custody pending trial unless a judge determines that their
risk to reoffend has been adequately mitigated.

It is also clear that many of the issues we have seen regarding crime
and public safety are a result of the growing mental health crisis in
our state. To address these root causes, we must ensure that individuals
suffering mental illness have access to appropriate treatment. Accord-
ingly, this legislation makes clear that no provisions of this act
prohibit a judge from using existing statute to direct that individuals
presenting an immediate risk of serious harm to themselves or others be
transported to a hospital for a psychiatric assessment and appropriate
treatment.

 
LEGISLATIVE HISTORY::

New Bill

 
FISCAL IMPLICATIONS::

To be determined.

 
EFFECTIVE DATE::

This act shall take effect immediately; provided, however, that the
provisions of sections four, five, six, seven, eight, nine, ten, eleven
and twelve of this act shall take effect on the one hundred twentieth
day after it shall have become a law.

2025-S2282 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2282
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee 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:
 
   Section 1. Legislative findings and intent. The legislature finds that
 localities  throughout New York State have struggled to prevent the pre-
 trial release of individuals who pose a threat to themselves  and  their
 communities. Moreover, many municipalities outside of New York City lack
 adequate  funding  and  resources  to  develop and appropriate plans and
 invest in necessary technology, such as GPS monitoring,  for  successful
 monitoring of criminal defendants who have been released into the commu-
 nity pending trial. We also find that the current system for determining
 remand,  coupled with this lack of resources, has enabled individuals to
 reoffend during their period of pre-trial release. As a result, we  have
 seen  an  increase  in  crime  and a growing concern about public safety
 throughout our state. In response, the legislature  seeks  to  create  a
 system that balances reasonable fairness for criminal defendants and the
 need to protect the public from dangerous offenders. This proposal would
 create  a risk assessment instrument to determine the danger an individ-
 ual poses to themselves and the community.  By  using  this  instrument,
 courts  can  make  decisions  regarding remand which are unrelated to an
 individual's ability to afford bail, accomplishing the stated  goals  of
 previous  reforms  while  also  ensuring  public  safety.  This proposal
 further addresses the threat posed by repeat offenders by ensuring  that
 individuals  arrested  for  a  new  serious offense after being released
 remain in custody pending trial. We also find that it  is  crucial  that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04400-02-5

 S. 2282                             2
 
 individuals  with  serious  mental  illnesses  are quickly evaluated and
 provided treatment rather than  being  incarcerated  without  access  to
 necessary  support.  Accordingly,  this  proposal  encourages  courts to
 utilize  existing  statute to refer individuals in need of mental health
 treatment to the appropriate venue.
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "pretrial  risk  overview  for threat evaluation, custody, and treatment
 (PROTECT) act".
   § 3. The executive law is amended by adding a  new  section  845-f  to
 read as follows:
   § 845-F RISK  ASSESSMENT  INSTRUMENT.  1.  THE DIVISION SHALL CREATE A
 RISK ASSESSMENT INSTRUMENT TO BE USED BY ALL COURTS IN THE STATE TO  AID
 JUDGES  IN  DETERMINING  WHETHER TO RELEASE OR DETAIN A PRINCIPAL, WHERE
 AND WHEN RELEASE IS APPROPRIATE, AND, WHERE APPLICABLE, NECESSARY CONDI-
 TIONS THAT SHOULD BE IMPOSED AS PART OF SUCH  RELEASE.  SUCH  INSTRUMENT
 SHALL  BE DEVELOPED BASED ON EMPIRICAL DATA AND RISK FACTORS RELEVANT TO
 THE DANGER THAT THE PRINCIPAL POSES TO THEMSELF, ANOTHER PERSON, OR  THE
 COMMUNITY AS A WHOLE, AND THE LIKELIHOOD THAT SUCH PRINCIPAL MAY ATTEMPT
 TO  EVADE  OR  OBSTRUCT  THE  CRIMINAL  JUSTICE PROCESS. SUCH TOOL SHALL
 INCORPORATE THE FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A) THE NATURE OF THE CHARGE AND WHETHER IT  INVOLVES  ALLEGATIONS  OF
 CAUSING OR THREATENING HARM TO ANOTHER PERSON OR PERSONS;
   (B)  THE  PRINCIPAL'S  CRIMINAL  HISTORY,  WITH  EMPHASIS  ON PREVIOUS
 CONVICTIONS FOR VIOLENT FELONIES, ESCAPE, BAIL JUMPING, WITNESS  TAMPER-
 ING  AND  WITNESS  INTIMIDATION, AND ANY HISTORY OF FAILING TO APPEAR IN
 COURT OR FAILING TO COMPLY WITH  COURT  ORDERS.  SUCH  CRIMINAL  HISTORY
 SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, CRIMINAL CONVICTIONS, JUVENILE
 DELINQUENT AND YOUTHFUL OFFENDER ADJUDICATIONS;
   (C) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF FIREARMS OR ACCESS
 TO DEADLY WEAPONS OR DANGEROUS INSTRUMENTS, AS DEFINED IN SECTION  10.00
 OF THE PENAL LAW;
   (D)  THE  PRINCIPAL'S KNOWN ASSOCIATIONS WITH CRIMINAL STREET GANGS AS
 DEFINED IN SECTION 10-170 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW
 YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10 OF THE PENAL
 LAW;
   (E) ANY HISTORY OF THREATS OR INTIMIDATION TO WITNESSES IN PRIOR CRIM-
 INAL PROCEEDINGS; AND
   (F)  THE  EXTENT  OF  THE  PRINCIPAL'S HISTORY WITHIN THE JURISDICTION
 WHERE THE CRIMINAL CHARGES ARE PENDING, AND THE EXTENT OF TIES,  INCLUD-
 ING FAMILY TIES, OUTSIDE THE STATE OF NEW YORK.
   2.  NOTHING  IN THIS SECTION SHALL PROHIBIT THE DIVISION FROM INCORPO-
 RATING ANY OTHER FACTORS WHICH MAY AID IN DETERMINING WHETHER A  PRINCI-
 PAL POSES A RISK OF FLIGHT OR A SAFETY RISK.
   3.  SUCH  INSTRUMENT  SHALL  INCLUDE  A RECOMMENDATION AS TO WHETHER A
 PRINCIPAL SHOULD BE DETAINED, RELEASED ON BAIL, OR RELEASED ON NON-MONE-
 TARY CONDITIONS AS WELL AS A RECOMMENDATION  AS  TO  WHICH  NON-MONETARY
 CONDITIONS SHOULD BE IMPOSED.
   §  4.  The  criminal  procedure law is amended by adding a new section
 510.16 to read as follows:
 § 510.16 COMPLETION OF RISK ASSESSMENT INSTRUMENT.
   1. THE COURT SHALL ORDER THE COMPLETION OF A RISK  ASSESSMENT  INSTRU-
 MENT  CREATED  BY  THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO
 SECTION EIGHT HUNDRED FORTY-SEVEN-F OF THE EXECUTIVE LAW FOR ALL PRINCI-
 PALS WHO ARE CHARGED WITH A FELONY OR CLASS A MISDEMEANOR. ONCE A  PRIN-
 CIPAL  IS  ARRAIGNED ON A FELONY OR CLASS A MISDEMEANOR, THE COURT SHALL
 DIRECT THE APPLICABLE  PRETRIAL  SERVICES  AGENCY  TO  COMPLETE  A  RISK
 S. 2282                             3
 
 ASSESSMENT  INSTRUMENT. THE COURT SHALL ORDER THE DETENTION OF A PRINCI-
 PAL PENDING THE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT.    ABSENT
 EXTRAORDINARY   CIRCUMSTANCES,  THE  COURT  SHALL  MAKE  A  DECISION  ON
 DETENTION WITHIN FORTY-EIGHT HOURS.
   2. NO COURT MAY RELEASE A PRINCIPAL CHARGED WITH A FELONY OR A CLASS A
 MISDEMEANOR  UNLESS  AND  UNTIL  IT HAS HAD AN OPPORTUNITY TO REVIEW AND
 CONSIDER A COMPLETED RISK ASSESSMENT INSTRUMENT.
   § 5. Subdivision 1 of section 510.10 of the criminal procedure law, as
 amended by section 1 of subpart C of part UU of chapter 56 of  the  laws
 of  2022,  the opening paragraph as amended by section 2 of subpart A of
 part VV of chapter 56 of the  laws  of  2023,  is  amended  to  read  as
 follows:
   1.  When  a  principal,  whose  future  court attendance at a criminal
 action or proceeding is or may be required, comes under the control of a
 court, such court shall impose a securing order in accordance with  this
 title.    Except  as  otherwise required by law, the court shall make an
 individualized determination as to whether the principal poses a risk of
 flight to avoid prosecution AND/OR A RISK TO THE SAFETY AND SECURITY  OF
 THE COMMUNITY, THEMSELF, OR ANOTHER PERSON, consider the kind and degree
 of control or restriction necessary to reasonably assure the principal's
 return  to court, and select a securing order consistent with its deter-
 mination under this subdivision. The court shall explain the  basis  for
 its  determination  and its choice of securing order on the record or in
 writing. In making a determination under  this  subdivision,  the  court
 must  consider and take into account THE RISK ASSESSMENT INSTRUMENT, THE
 RECOMMENDATION OF THE PRETRIAL SERVICES AGENCIES, THE ARGUMENTS  OF  THE
 PROSECUTOR  AND PRINCIPAL AND available information about the principal,
 including:
   (a) The principal's CHARACTER, REPUTATION, HABITS,  MENTAL  CONDITION,
 activities and history;
   (b)  If the principal is a defendant, the charges facing the principal
 AND THE WEIGHT OF THE EVIDENCE AGAINST SUCH  PRINCIPAL  IN  THE  PENDING
 CRIMINAL ACTION;
   (c) The principal's criminal conviction record if any;
   (d)  The  principal's  record  of  previous adjudication as a juvenile
 delinquent, as retained pursuant to section 354.1 of  the  family  court
 act,  or,  of  pending cases where fingerprints are retained pursuant to
 section 306.1 of such act, or a youthful offender, if any;
   (e) The principal's previous record with respect to  flight  to  avoid
 criminal prosecution AND LACK OF COMPLIANCE WITH COURT ORDERS;
   (f) [If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and,  in cases where bail is authorized, the principal's ability to post
 bail without posing undue hardship, as well as his  or  her  ability  to
 obtain a secured, unsecured, or partially secured bond;
   (g)]  Any  violation by the principal of an order of protection issued
 by any court;
   [(h)] (G) The principal's history of use or possession of a firearm;
   [(i)] (H) Whether the charge is alleged to have caused serious harm to
 an individual or group of individuals; [and
   (j)] (I) If the principal is a defendant, in the case of  an  applica-
 tion  for a securing order pending appeal, the merit or lack of merit of
 the appeal[.];
   (J) WHETHER THE PRINCIPAL HAS ANY  KNOWN  ASSOCIATIONS  WITH  CRIMINAL
 STREET GANGS OR CRIMINAL ENTERPRISES;
 S. 2282                             4
 
   (K)  THE PRINCIPAL'S TIES TO THE JURISDICTION WHERE THE COURT SITS AND
 WHETHER THE PRINCIPAL HAS ANY TIES OUTSIDE THE STATE OF NEW YORK; AND
   (L)  THE  CHARGES  FACING THE PRINCIPAL AND THE WEIGHT OF THE EVIDENCE
 AGAINST SUCH PRINCIPAL IN THE PENDING CRIMINAL ACTION.
   § 6. Subdivision 4 of section 510.10 of the criminal procedure law  is
 REPEALED and two new subdivisions 4 and 7 are added to read as follows:
   4. WHERE A PRINCIPAL IS ARRESTED ON A NEW OFFENSE OF A FELONY OR CLASS
 A MISDEMEANOR WHICH WAS COMMITTED AFTER BEING RELEASED PENDING TRIAL, OR
 BEING  ISSUED AN APPEARANCE TICKET, SUCH PRINCIPAL SHALL BE COMMITTED TO
 THE CUSTODY OF THE SHERIFF UNTIL APPEARING BEFORE A JUDGE  FOR  ARRAIGN-
 MENT.  UPON  ARRAIGNMENT,  THE  COURT  SHALL REMAND THE PRINCIPAL TO THE
 CUSTODY OF THE SHERIFF UNLESS AND UNTIL THE JUDGE, AFTER  REVIEWING  ALL
 RELEVANT  INFORMATION,  INCLUDING THE RISK ASSESSMENT INSTRUMENT CREATED
 PURSUANT TO SECTION 510.16 OF THIS TITLE, DETERMINES THAT THE RISK  THAT
 THE  PRINCIPAL  WILL REOFFEND HAS BEEN MITIGATED WITH APPROPRIATE CONDI-
 TIONS OF RELEASE. SHOULD THE COURT DETERMINE THAT SUCH  RISK  CANNOT  BE
 MITIGATED  WITH  ANY  REASONABLE  CONDITIONS OF RELEASE, THE COURT SHALL
 ORDER THAT THE PRINCIPAL REMAIN IN THE CUSTODY OF THE SHERIFF DURING THE
 PENDENCY OF THE PROCEEDING.
   7. NOTHING IN THIS SECTION SHALL PROHIBIT  THE  COURT  FROM  DIRECTING
 THAT A DEFENDANT WHO PRESENTS AN IMMEDIATE RISK OF SERIOUS HARM TO THEM-
 SELF OR OTHERS BE TRANSPORTED TO A HOSPITAL FOR A PSYCHIATRIC ASSESSMENT
 AND  APPROPRIATE  TREATMENT  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION
 THREE-C OF SECTION 500.10 OF THIS TITLE.
   § 7. Subdivision 5 of section 510.10 of the criminal procedure law, as
 added by section 2 of part JJJ of chapter 59 of the  laws  of  2019,  is
 amended to read as follows:
   5.  Notwithstanding the provisions of [subdivisions] SUBDIVISION three
 [and four] of this section, with respect to any charge for which bail or
 remand is not ordered, and for which the court would not  or  could  not
 otherwise  require bail or remand, a defendant may, at any time, request
 that the court set bail in a nominal amount requested by  the  defendant
 in  the  form  specified  in paragraph (a) of subdivision one of section
 520.10 of this title; if the court is  satisfied  that  the  request  is
 voluntary, the court shall set such bail in such amount.
   §  8. Subparagraphs (ix), (x) and (xi) of paragraph (b) of subdivision
 1 of section 150.20 of the criminal procedure law, as added by section 1
 of subpart B of part UU of chapter 56 of the laws of 2022,  are  amended
 to read as follows:
   (ix)  the  person  is  eighteen years of age or older and charged with
 criminal possession of a weapon on school grounds as defined in  section
 265.01-a of the penal law; OR
   (x)  the  person  is eighteen years of age or older and charged with a
 hate crime as defined in section 485.05 of the penal law[; or
   (xi) the offense is a qualifying offense pursuant to paragraph (t)  of
 subdivision four of section 510.10 of this chapter, or pursuant to para-
 graph (t) of subdivision four of section 530.40 of this chapter].
   § 9. Subdivision 1 of section 530.20 of the criminal procedure law, as
 amended  by  section  16  of part JJJ of chapter 59 of the laws of 2019,
 paragraph (a) and the opening paragraph of paragraph (b) as  amended  by
 section  6  of  subpart  A of part VV of chapter 56 of the laws of 2023,
 paragraph (b) as amended by section 3 of part UU of chapter  56  of  the
 laws  of  2020, subparagraphs (xix) and (xx) of paragraph (b) as amended
 and subparagraph (xxi) of paragraph (b) as added by section 4 of subpart
 C of part UU of chapter 56 of the laws of 2022, is amended  to  read  as
 follows:
 S. 2282                             5
 
   1.  (a)  [In  cases  other  than as described in paragraph (b) of this
 subdivision, the] THE court shall release the principal pending trial on
 the principal's own recognizance or release the principal pending  trial
 under non-monetary conditions, the determination for which shall be made
 in  accordance with subdivision one of section 510.10 of this title. The
 court shall explain the basis for its determination and choice of secur-
 ing order on the record or in writing.
   (b) [Where the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix  bail,  order  non-monetary  conditions  in
 conjunction  with fixing bail, or, where the defendant is charged with a
 qualifying offense which is a felony, the court may commit the principal
 to the custody of the sheriff. The court shall  explain  its  choice  of
 securing  order  on the record or in writing. A principal stands charged
 with a qualifying offense when he or she stands charged with:
   (i) a felony enumerated in section 70.02 of the penal law, other  than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 degree  as defined in subdivision two of section 140.25 of the penal law
 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling;
   (ii)  a  crime  involving witness intimidation under section 215.15 of
 the penal law;
   (iii) a crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (iv) a class A felony defined in the penal  law,  provided,  that  for
 class  A  felonies  under  article  two hundred twenty of such law, only
 class A-I felonies shall be a qualifying offense;
   (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law  or  a  crime  involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
   (vi)  conspiracy  in the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (vii) money laundering in support of terrorism in the first degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; money laundering in support of terrorism in the third degree
 as defined in section 470.22 of  the  penal  law;  money  laundering  in
 support  of  terrorism in the fourth degree as defined in section 470.21
 of the penal law; or a felony crime of terrorism as defined  in  article
 four  hundred  ninety  of the penal law, other than the crime defined in
 section 490.20 of such law;
   (viii) criminal contempt in the second degree as defined  in  subdivi-
 sion  three of section 215.50 of the penal law, criminal contempt in the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of the penal law or aggravated criminal contempt as defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 S. 2282                             6

 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article;
   (ix)  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (x) any crime that is alleged to have  caused  the  death  of  another
 person;
   (xi) criminal obstruction of breathing or blood circulation as defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this article;
   (xii)  aggravated  vehicular assault as defined in section 120.04-a of
 the penal law or vehicular assault in the first  degree  as  defined  in
 section 120.04 of the penal law;
   (xiii) assault in the third degree as defined in section 120.00 of the
 penal  law  or arson in the third degree as defined in section 150.10 of
 the penal law, when such crime is charged as a hate crime as defined  in
 section 485.05 of the penal law;
   (xiv)  aggravated  assault upon a person less than eleven years old as
 defined in section 120.12 of the penal law or criminal possession  of  a
 weapon  on  school  grounds  as defined in section 265.01-a of the penal
 law;
   (xv) grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (xvi) failure to register as a sex offender pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (xvii) a crime involving bail jumping under section 215.55, 215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (xviii) any felony offense committed by the principal while serving  a
 sentence of probation or while released to post release supervision;
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or property, provided, however, that the prosecutor must show reasonable
 S. 2282                             7

 cause  to believe that the defendant committed the instant crime and any
 underlying crime. For the purposes of  this  subparagraph,  any  of  the
 underlying  crimes  need  not be a qualifying offense as defined in this
 subdivision.  For  the purposes of this paragraph, "harm to an identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the accusatory instrument, if the court determines that  such  theft  is
 negligible  and  does  not appear to be in furtherance of other criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; or
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as defined in section 265.16 of the penal law.
   (d)] Notwithstanding the provisions of [paragraphs] PARAGRAPH (a) [and
 (b)]  of  this subdivision, with respect to any charge for which bail or
 remand is not ordered, and for which the court would not  or  could  not
 otherwise  require bail or remand, a defendant may, at any time, request
 that the court set bail in a nominal amount requested by  the  defendant
 in  the  form  specified  in paragraph (a) of subdivision one of section
 520.10 of this title; if the court is  satisfied  that  the  request  is
 voluntary, the court shall set such bail in such amount.
   §  10.  Section  530.20  of  the  criminal procedure law is amended by
 adding two new subdivisions 3 and 4 to read as follows:
   3. WHERE A PRINCIPAL IS ARRESTED ON A NEW OFFENSE OF A FELONY OR CLASS
 A MISDEMEANOR WHICH WAS COMMITTED AFTER BEING RELEASED PENDING TRIAL, OR
 BEING ISSUED AN APPEARANCE TICKET, SUCH PRINCIPAL SHALL BE COMMITTED  TO
 THE  CUSTODY  OF THE SHERIFF UNTIL APPEARING BEFORE A JUDGE FOR ARRAIGN-
 MENT. UPON ARRAIGNMENT, THE COURT SHALL  REMAND  THE  PRINCIPAL  TO  THE
 CUSTODY  OF  THE SHERIFF UNLESS AND UNTIL THE JUDGE, AFTER REVIEWING ALL
 RELEVANT INFORMATION, INCLUDING THE RISK ASSESSMENT  INSTRUMENT  CREATED
 PURSUANT  TO SECTION 510.16 OF THIS TITLE, DETERMINES THAT THE RISK THAT
 THE PRINCIPAL WILL REOFFEND HAS BEEN MITIGATED WITH  APPROPRIATE  CONDI-
 TIONS  OF  RELEASE.  SHOULD THE COURT DETERMINE THAT SUCH RISK CANNOT BE
 MITIGATED WITH ANY REASONABLE CONDITIONS OF  RELEASE,  THE  COURT  SHALL
 ORDER THAT THE PRINCIPAL REMAIN IN THE CUSTODY OF THE SHERIFF DURING THE
 PENDENCY OF THE PROCEEDING.
   4.  NOTHING  IN  THIS  SECTION SHALL PROHIBIT THE COURT FROM DIRECTING
 THAT A DEFENDANT WHO PRESENTS AN IMMEDIATE RISK OF SERIOUS HARM TO THEM-
 SELF OR OTHERS BE TRANSPORTED TO A HOSPITAL FOR A PSYCHIATRIC ASSESSMENT
 AND APPROPRIATE TREATMENT  PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION
 THREE-C OF SECTION 500.10 OF THIS TITLE.
   § 11. Subdivision 4 of section 530.40 of the criminal procedure law is
 REPEALED and two new subdivisions 4 and 8 are added to read as follows:
   4. WHERE A PRINCIPAL IS ARRESTED ON A NEW OFFENSE OF A FELONY OR CLASS
 A MISDEMEANOR WHICH WAS COMMITTED AFTER BEING RELEASED PENDING TRIAL, OR
 BEING  ISSUED AN APPEARANCE TICKET, SUCH PRINCIPAL SHALL BE COMMITTED TO
 THE CUSTODY OF THE SHERIFF UNTIL APPEARING BEFORE A JUDGE  FOR  ARRAIGN-
 MENT.  UPON  ARRAIGNMENT,  THE  COURT  SHALL REMAND THE PRINCIPAL TO THE
 CUSTODY OF THE SHERIFF UNLESS AND UNTIL THE JUDGE, AFTER  REVIEWING  ALL
 RELEVANT  INFORMATION,  INCLUDING THE RISK ASSESSMENT INSTRUMENT CREATED
 PURSUANT TO SECTION 510.16 OF THIS TITLE, DETERMINES THAT THE RISK  THAT
 THE  PRINCIPAL  WILL REOFFEND HAS BEEN MITIGATED WITH APPROPRIATE CONDI-
 TIONS OF RELEASE. SHOULD THE COURT DETERMINE THAT SUCH  RISK  CANNOT  BE
 MITIGATED  WITH  ANY  REASONABLE  CONDITIONS OF RELEASE, THE COURT SHALL
 ORDER THAT THE PRINCIPAL REMAIN IN THE CUSTODY OF THE SHERIFF DURING THE
 PENDENCY OF THE PROCEEDING.
 S. 2282                             8
 
   8. NOTHING IN THIS SECTION SHALL PROHIBIT  THE  COURT  FROM  DIRECTING
 THAT A DEFENDANT WHO PRESENTS AN IMMEDIATE RISK OF SERIOUS HARM TO THEM-
 SELF OR OTHERS BE TRANSPORTED TO A HOSPITAL FOR A PSYCHIATRIC ASSESSMENT
 AND  APPROPRIATE  TREATMENT  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION
 THREE-C OF SECTION 500.10 OF THIS TITLE.
   § 12. Subdivisions 5, 6 and 7 of section 530.40 of the criminal proce-
 dure  law, subdivision 5 as added and subdivisions 6 and 7 as amended by
 section 18 of part JJJ of chapter 59 of the laws of 2019, are amended to
 read as follows:
   5. Notwithstanding the provisions of [subdivisions] SUBDIVISION  three
 [and four] of this section, with respect to any charge for which bail or
 remand  is  not  ordered, and for which the court would not or could not
 otherwise require bail or remand, a defendant may, at any time,  request
 that  the  court set bail in a nominal amount requested by the defendant
 in the form specified in paragraph (a) of  subdivision  one  of  section
 520.10  of  this  title;  if  the court is satisfied that the request is
 voluntary, the court shall set such bail in such amount.
   6. Notwithstanding the provisions of  subdivisions  two[,]  AND  three
 [and four] of this section, a superior court may not order recognizance,
 release  under  non-monetary  conditions  or, where authorized, bail, or
 permit a defendant to remain at liberty pursuant to an  existing  order,
 after  the  defendant has been convicted of either: (a) a class A felony
 or (b) any class B or class C felony as defined in article  one  hundred
 thirty  of  the  penal  law  committed or attempted to be committed by a
 person eighteen years of age or older against a person less  than  eigh-
 teen  years  of  age. In either case the court must commit or remand the
 defendant to the custody of the sheriff.
   7. Notwithstanding the provisions of  subdivisions  two[,]  AND  three
 [and four] of this section, a superior court may not order recognizance,
 release  under  non-monetary  conditions or, where authorized, bail when
 the defendant is charged with a felony unless  and  until  the  district
 attorney has had an opportunity to be heard in the matter and such court
 and  counsel  for  the  defendant  have  been furnished with a report as
 described in subparagraph (ii) of paragraph (b) of  subdivision  two  of
 section 530.20 of this article.
   §  13. This act shall take effect immediately; provided, however, that
 the provisions of sections four, five, six,  seven,  eight,  nine,  ten,
 eleven and twelve of this act shall take effect on the one hundred twen-
 tieth day after it shall have become a law.

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2025-S2282A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: 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

2025-S2282A (ACTIVE) - Summary

2025-S2282A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2282A

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the executive law and the criminal procedure law, in
relation to enacting the "pretrial risk overview for threat evaluation,
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

 
PURPOSE:

To create a risk assessment instrument which can be used by courts to
make decisions regarding pretrial custody, prevent reoffending during
pretrial release, and clearly allow for referral of defendants suffering
from mental illness to the appropriate venue.

 
SUMMARY OF PROVISIONS:

Section 1: Legislative findings and intent Section 2: Short title

Section 3: Amends the Executive Law to add a section 845-f; directs the
Division of Criminal Justice Services to create a risk assessment
instrument to be used by all courts in the state to aid judges in deter-
mining whether to release or detain a principal, where and when release
is appropriate, and, where applicable, necessary conditions that should
be imposed as part of such release.

Section 4: Amends Criminal Procedure Law by adding a new section 510.16;
directs courts to order the completion of a risk assessment instrument
for all principals who are charged with a felony or class A misdemeanor

Section 5: Amends subdivision 1 of section 510.10 of the criminal proce-
dure law; adds the risk that a principal poses to the safety and securi-
ty of the community, themselves, or another person to the factors to be
considered when making decisions regarding a securing order and requires
that the risk assessment created by section 3 of this act be considered
along with the recommendation of the pretrial service agencies and the
arguments of the prosecutor and principle.

Section 6: Amends subdivision 4 of section 510.10 of the criminal proce-
dure law; requires that where a principal is arrested on a new offense
of a felony or class A misdemeanor which was committed after being
released pending trial, or being issued an appearance ticket, such prin-
cipal shall be committed to the custody of the sheriff until appearing
before a judge for arraignment. Upon arraignment, the court shall remand
the principal to the custody of the sheriff unless and until the judge,
after reviewing all relevant information, including the risk assessment
instrument created pursuant to section 510.16 of this title, determines
that the risk that the principal will reoffend has been mitigated with
appropriate conditions of release. Should the court determine that such
risk cannot be mitigated with any reasonable conditions of release, the
court shall order that the principal remain in the custody of the sher-
iff during the pendency of the proceeding.

Section 7: Makes conforming changes

Section 8: Makes conforming changes
Section: 9: Makes conforming changes

Section 10: Amends Section 530.20 of the criminal procedure law is
amended by adding two new subdivisions 3 and 4 to requires that where a
principal is arrested on a new offense of a felony or class A misdemea-
nor which was committed after being released pending trial, or being
issued an appearance ticket, such principal shall be committed to the
custody of the sheriff until appearing before a judge for arraignment.
Upon arraignment, the court shall remand the principal to the custody of
the sheriff unless and until the judge, after reviewing all relevant
information, including the risk assessment instrument created pursuant
to section 510.16 of this title, determines that the risk that the prin-
cipal will reoffend has been mitigated with appropriate conditions of
release. Should the court determine that such risk cannot be mitigated
with any reasonable conditions of release, the court shall order that
the principal remain in the custody of the sheriff during the pendency
of the proceeding.

Section 11: Amends subdivision 4 of section 530.40 of the criminal
procedure law is REPEALED and two new subdivisions 4 and 8 to require
that where a principal is arrested on a new offense of a felony or class
A misdemeanor which was committed after being released pending trial, or
being issued an appearance ticket, such principal shall be committed to
the custody of the sheriff until appearing before a judge for arraign-
ment. Upon arraignment, the court shall remand the principal to the
custody of the sheriff unless and until the judge, after reviewing all
relevant information, including the risk assessment instrument created
pursuant to section 510.16 of this title, determines that the risk that
the principal will reoffend has been mitigated with appropriate condi-
tions of release. Should the court determine that such risk cannot be
mitigated with any reasonable conditions of release, the court shall
order that the principal remain in the custody of the sheriff during the
pendency of the proceeding.

Section 12: Makes conforming changes

Section 13: Sets the effective date

 
JUSTIFICATION:

In recent years, New York State has seen an increase in crime and its
residents continue to report that improving public safety should be a
top priority for elected officials. As just one example, data from the
Rochester Police Department shows a ninety percent increase in the aver-
age number of murders committed each year between 2020 and 2024 compared
to the period between 2011 and 2019. Similarly, prohibited use of a
weapon increased by two-hundred and fifty-eight percent and the average
number of motor vehicle thefts increased by two-hundred and six percent.

With figures like these, it is no wonder why New Yorkers continue to
rank improving public safety as a top priority for their elected offi-
cials. According to a December 2024 Siena poll, more than one in three
New Yorkers rank crime as one of their top two priorities that legisla-
tors and the Governor should address. More than one in ten New Yorkers
rank it as their highest priority.



In response to these startling statistics and the public's clear desire
for meaningful reform, the legislature must take steps to keep our
communities safe and address the issue of repeat offenders.

This legislation, developed in partnership with local law enforcement,
would do just that by creating a risk assessment instrument which courts
will utilize to make decisions regarding remand. This risk assessment
instrument will provide an objective method for determining the threat
posed by an individual to themselves and the community and prevent
dangerous individuals from being released back into the community pend-
ing trial.

This legislation also takes meaningful steps to address the issue of
repeat offenders by requiring that when an individual is arrested on a
new felony or class A misdemeanor offense during pretrial release, they
are kept in custody pending trial unless a judge determines that their
risk to reoffend has been adequately mitigated.

It is also clear that many of the issues we have seen regarding crime
and public safety are a result of the growing mental health crisis in
our state. To address these root causes, we must ensure that individuals
suffering mental illness have access to appropriate treatment. Accord-
ingly, this legislation makes clear that no provisions of this act
prohibit a judge from using existing statute to direct that individuals
presenting an immediate risk of serious harm to themselves or others be
transported to a hospital for a psychiatric assessment and appropriate
treatment.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
provisions of sections four, five, six, seven, eight, nine, ten, eleven
and twelve of this act shall take effect on the one hundred twentieth
day after it shall have become a law.

2025-S2282A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2282--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by Sens. HELMING, BORRELLO, CHAN, GALLIVAN, MURRAY, OBERACK-
   ER, O'MARA, ORTT, WALCZYK -- read twice and ordered printed, and  when
   printed  to  be  committed  to  the  Committee  on  Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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:
 
   Section 1. Legislative findings and intent. The legislature finds that
 localities  throughout New York State have struggled to prevent the pre-
 trial release of individuals who pose a threat to themselves  and  their
 communities. Moreover, many municipalities outside of New York City lack
 adequate  funding  and  resources  to  develop and appropriate plans and
 invest in necessary technology, such as GPS monitoring,  for  successful
 monitoring of criminal defendants who have been released into the commu-
 nity pending trial. We also find that the current system for determining
 remand,  coupled with this lack of resources, has enabled individuals to
 reoffend during their period of pre-trial release. As a result, we  have
 seen  an  increase  in  crime  and a growing concern about public safety
 throughout our state. In response, the legislature  seeks  to  create  a
 system that balances reasonable fairness for criminal defendants and the
 need to protect the public from dangerous offenders. This proposal would
 create  a risk assessment instrument to determine the danger an individ-
 ual poses to themselves and the community.  By  using  this  instrument,
 courts  can  make  decisions  regarding remand which are unrelated to an
 individual's ability to afford bail, accomplishing the stated  goals  of
 previous  reforms  while  also  ensuring  public  safety.  This proposal
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04400-03-5

 S. 2282--A                          2
 
 further addresses the threat posed by repeat offenders by ensuring  that
 individuals  arrested  for  a  new  serious offense after being released
 remain in custody pending trial. We also find that it  is  crucial  that
 individuals  with  serious  mental  illnesses  are quickly evaluated and
 provided treatment rather than  being  incarcerated  without  access  to
 necessary  support.  Accordingly,  this  proposal  encourages  courts to
 utilize existing statute to refer individuals in need of  mental  health
 treatment to the appropriate venue.
   §  2.  Short  title.  This  act shall be known and may be cited as the
 "pretrial risk overview for threat evaluation,  custody,  and  treatment
 (PROTECT) act".
   §  3.  The  executive  law is amended by adding a new section 845-f to
 read as follows:
   § 845-F. RISK ASSESSMENT INSTRUMENT. 1. THE DIVISION  SHALL  CREATE  A
 RISK  ASSESSMENT INSTRUMENT TO BE USED BY ALL COURTS IN THE STATE TO AID
 JUDGES IN DETERMINING WHETHER TO RELEASE OR DETAIN  A  PRINCIPAL,  WHERE
 AND WHEN RELEASE IS APPROPRIATE, AND, WHERE APPLICABLE, NECESSARY CONDI-
 TIONS  THAT  SHOULD  BE IMPOSED AS PART OF SUCH RELEASE. SUCH INSTRUMENT
 SHALL BE DEVELOPED BASED ON EMPIRICAL DATA AND RISK FACTORS RELEVANT  TO
 THE  DANGER THAT THE PRINCIPAL POSES TO THEMSELF, ANOTHER PERSON, OR THE
 COMMUNITY AS A WHOLE, AND THE LIKELIHOOD THAT SUCH PRINCIPAL MAY ATTEMPT
 TO EVADE OR OBSTRUCT THE  CRIMINAL  JUSTICE  PROCESS.  SUCH  TOOL  SHALL
 INCORPORATE THE FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A)  THE  NATURE  OF THE CHARGE AND WHETHER IT INVOLVES ALLEGATIONS OF
 CAUSING OR THREATENING HARM TO ANOTHER PERSON OR PERSONS;
   (B) THE  PRINCIPAL'S  CRIMINAL  HISTORY,  WITH  EMPHASIS  ON  PREVIOUS
 CONVICTIONS  FOR VIOLENT FELONIES, ESCAPE, BAIL JUMPING, WITNESS TAMPER-
 ING AND WITNESS INTIMIDATION, AND ANY HISTORY OF FAILING  TO  APPEAR  IN
 COURT  OR  FAILING  TO  COMPLY  WITH COURT ORDERS. SUCH CRIMINAL HISTORY
 SHALL INCLUDE, BUT NOT BE LIMITED  TO,  CRIMINAL  CONVICTIONS,  JUVENILE
 DELINQUENT AND YOUTHFUL OFFENDER ADJUDICATIONS;
   (C) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF FIREARMS OR ACCESS
 TO  DEADLY WEAPONS OR DANGEROUS INSTRUMENTS, AS DEFINED IN SECTION 10.00
 OF THE PENAL LAW;
   (D) THE PRINCIPAL'S KNOWN ASSOCIATIONS WITH CRIMINAL STREET  GANGS  AS
 DEFINED  IN SECTION 10-170 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
 YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10 OF THE PENAL
 LAW;
   (E) ANY HISTORY OF THREATS OR INTIMIDATION TO WITNESSES IN PRIOR CRIM-
 INAL PROCEEDINGS; AND
   (F) THE EXTENT OF THE  PRINCIPAL'S  HISTORY  WITHIN  THE  JURISDICTION
 WHERE  THE CRIMINAL CHARGES ARE PENDING, AND THE EXTENT OF TIES, INCLUD-
 ING FAMILY TIES, OUTSIDE THE STATE OF NEW YORK.
   2. NOTHING IN THIS SECTION SHALL PROHIBIT THE DIVISION  FROM  INCORPO-
 RATING  ANY OTHER FACTORS WHICH MAY AID IN DETERMINING WHETHER A PRINCI-
 PAL POSES A RISK OF FLIGHT OR A SAFETY RISK.
   3. SUCH INSTRUMENT SHALL INCLUDE A  RECOMMENDATION  AS  TO  WHETHER  A
 PRINCIPAL SHOULD BE DETAINED, RELEASED ON BAIL, OR RELEASED ON NON-MONE-
 TARY  CONDITIONS  AS  WELL  AS A RECOMMENDATION AS TO WHICH NON-MONETARY
 CONDITIONS SHOULD BE IMPOSED.
   § 4. The criminal procedure law is amended by  adding  a  new  section
 510.16 to read as follows:
 § 510.16 COMPLETION OF RISK ASSESSMENT INSTRUMENT.
   1.  THE  COURT SHALL ORDER THE COMPLETION OF A RISK ASSESSMENT INSTRU-
 MENT CREATED BY THE DIVISION OF CRIMINAL JUSTICE  SERVICES  PURSUANT  TO
 SECTION EIGHT HUNDRED FORTY-SEVEN-F OF THE EXECUTIVE LAW FOR ALL PRINCI-
 S. 2282--A                          3
 
 PALS  WHO ARE CHARGED WITH A FELONY OR CLASS A MISDEMEANOR. ONCE A PRIN-
 CIPAL IS ARRAIGNED ON A FELONY OR CLASS A MISDEMEANOR, THE  COURT  SHALL
 DIRECT  THE  APPLICABLE  PRETRIAL  SERVICES  AGENCY  TO  COMPLETE A RISK
 ASSESSMENT  INSTRUMENT. THE COURT SHALL ORDER THE DETENTION OF A PRINCI-
 PAL PENDING THE COMPLETION OF SUCH RISK ASSESSMENT INSTRUMENT.    ABSENT
 EXTRAORDINARY   CIRCUMSTANCES,  THE  COURT  SHALL  MAKE  A  DECISION  ON
 DETENTION WITHIN FORTY-EIGHT HOURS.
   2. NO COURT MAY RELEASE A PRINCIPAL CHARGED WITH A FELONY OR A CLASS A
 MISDEMEANOR UNLESS AND UNTIL IT HAS HAD AN  OPPORTUNITY  TO  REVIEW  AND
 CONSIDER A COMPLETED RISK ASSESSMENT INSTRUMENT.
   § 5. Subdivision 1 of section 510.10 of the criminal procedure law, as
 amended  by  section 1 of subpart C of part UU of chapter 56 of the laws
 of 2022, the opening paragraph as amended by section 2 of subpart  A  of
 part  VV  of  chapter  56  of  the  laws  of 2023, is amended to read as
 follows:
   1. When a principal, whose  future  court  attendance  at  a  criminal
 action or proceeding is or may be required, comes under the control of a
 court,  such court shall impose a securing order in accordance with this
 title.  Except as otherwise required by law, the  court  shall  make  an
 individualized determination as to whether the principal poses a risk of
 flight  to avoid prosecution AND/OR A RISK TO THE SAFETY AND SECURITY OF
 THE COMMUNITY, THEMSELF, OR ANOTHER PERSON, consider the kind and degree
 of control or restriction necessary to reasonably assure the principal's
 return to court, and select a securing order consistent with its  deter-
 mination  under  this subdivision. The court shall explain the basis for
 its determination and its choice of securing order on the record  or  in
 writing.  In  making  a  determination under this subdivision, the court
 must consider and take into account THE RISK ASSESSMENT INSTRUMENT,  THE
 RECOMMENDATION  OF  THE PRETRIAL SERVICES AGENCIES, THE ARGUMENTS OF THE
 PROSECUTOR AND PRINCIPAL AND available information about the  principal,
 including:
   (a)  The  principal's CHARACTER, REPUTATION, HABITS, MENTAL CONDITION,
 activities and history;
   (b) If the principal is a defendant, the charges facing the  principal
 AND  THE  WEIGHT  OF  THE EVIDENCE AGAINST SUCH PRINCIPAL IN THE PENDING
 CRIMINAL ACTION;
   (c) The principal's criminal conviction record if any;
   (d) The principal's record of  previous  adjudication  as  a  juvenile
 delinquent,  as  retained  pursuant to section 354.1 of the family court
 act, or, of pending cases where fingerprints are  retained  pursuant  to
 section 306.1 of such act, or a youthful offender, if any;
   (e)  The  principal's  previous record with respect to flight to avoid
 criminal prosecution AND LACK OF COMPLIANCE WITH COURT ORDERS;
   (f) [If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and, in cases where bail is authorized, the principal's ability to  post
 bail  without  posing  undue  hardship, as well as his or her ability to
 obtain a secured, unsecured, or partially secured bond;
   (g)] Any violation by the principal of an order of  protection  issued
 by any court;
   [(h)] (G) The principal's history of use or possession of a firearm;
   [(i)] (H) Whether the charge is alleged to have caused serious harm to
 an individual or group of individuals; [and
   (j)]  (I)  If the principal is a defendant, in the case of an applica-
 tion for a securing order pending appeal, the merit or lack of merit  of
 the appeal[.];
 S. 2282--A                          4
 
   (J)  WHETHER  THE  PRINCIPAL  HAS ANY KNOWN ASSOCIATIONS WITH CRIMINAL
 STREET GANGS OR CRIMINAL ENTERPRISES;
   (K)  THE PRINCIPAL'S TIES TO THE JURISDICTION WHERE THE COURT SITS AND
 WHETHER THE PRINCIPAL HAS ANY TIES OUTSIDE THE STATE OF NEW YORK; AND
   (L) THE CHARGES FACING THE PRINCIPAL AND THE WEIGHT  OF  THE  EVIDENCE
 AGAINST SUCH PRINCIPAL IN THE PENDING CRIMINAL ACTION.
   §  6. Subdivision 4 of section 510.10 of the criminal procedure law is
 REPEALED and two new subdivisions 4 and 7 are added to read as follows:
   4. WHERE A PRINCIPAL IS ARRESTED ON A NEW OFFENSE OF A FELONY OR CLASS
 A MISDEMEANOR WHICH WAS COMMITTED AFTER BEING RELEASED PENDING TRIAL, OR
 BEING ISSUED AN APPEARANCE TICKET, SUCH PRINCIPAL SHALL BE COMMITTED  TO
 THE  CUSTODY  OF THE SHERIFF UNTIL APPEARING BEFORE A JUDGE FOR ARRAIGN-
 MENT. UPON ARRAIGNMENT, THE COURT SHALL  REMAND  THE  PRINCIPAL  TO  THE
 CUSTODY  OF  THE SHERIFF UNLESS AND UNTIL THE JUDGE, AFTER REVIEWING ALL
 RELEVANT INFORMATION, INCLUDING THE RISK ASSESSMENT  INSTRUMENT  CREATED
 PURSUANT  TO SECTION 510.16 OF THIS TITLE, DETERMINES THAT THE RISK THAT
 THE PRINCIPAL WILL REOFFEND HAS BEEN MITIGATED WITH  APPROPRIATE  CONDI-
 TIONS  OF  RELEASE.  SHOULD THE COURT DETERMINE THAT SUCH RISK CANNOT BE
 MITIGATED WITH ANY REASONABLE CONDITIONS OF  RELEASE,  THE  COURT  SHALL
 ORDER THAT THE PRINCIPAL REMAIN IN THE CUSTODY OF THE SHERIFF DURING THE
 PENDENCY OF THE PROCEEDING.
   7.  NOTHING  IN  THIS  SECTION SHALL PROHIBIT THE COURT FROM DIRECTING
 THAT A DEFENDANT WHO PRESENTS AN IMMEDIATE RISK OF SERIOUS HARM TO THEM-
 SELF OR OTHERS BE TRANSPORTED TO A HOSPITAL FOR A PSYCHIATRIC ASSESSMENT
 AND APPROPRIATE TREATMENT  PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION
 THREE-C OF SECTION 500.10 OF THIS TITLE.
   §  7. Subdivisions 3 and 5 of section 510.10 of the criminal procedure
 law, subdivision 3 as amended by section 2 of subpart A of  part  VV  of
 chapter  56  of the laws of 2023 and subdivision 5 as added by section 2
 of part JJJ of chapter 59 of the laws of 2019, is  amended  to  read  as
 follows:
   3.  [In  cases  other  than  as  described in subdivision four of this
 section, the] THE court [shall] MAY COMMIT THE PRINCIPAL TO THE  CUSTODY
 OF  THE  SHERIFF,  FIX  BAIL, release the principal pending trial on the
 principal's own recognizance, [unless the court finds on the  record  or
 in  writing  that  release  on the principal's own recognizance will not
 reasonably assure the principal's return to court.  In  such  instances,
 the  court shall] OR release the principal under non-monetary conditions
 as provided for in subdivision three-a of section 500.10 of  this  title
 that  will  reasonably assure the principal's return to court. The court
 shall explain its choice of securing order on the record or in writing.
   5. Notwithstanding the provisions of [subdivisions] SUBDIVISION  three
 [and four] of this section, with respect to any charge for which bail or
 remand  is  not  ordered, and for which the court would not or could not
 otherwise require bail or remand, a defendant may, at any time,  request
 that  the  court set bail in a nominal amount requested by the defendant
 in the form specified in paragraph (a) of  subdivision  one  of  section
 520.10  of  this  title;  if  the court is satisfied that the request is
 voluntary, the court shall set such bail in such amount.
   § 8. Subparagraphs (ix), (x) and (xi) of paragraph (b) of  subdivision
 1 of section 150.20 of the criminal procedure law, as added by section 1
 of  subpart  B of part UU of chapter 56 of the laws of 2022, are amended
 to read as follows:
   (ix) the person is eighteen years of age or  older  and  charged  with
 criminal  possession of a weapon on school grounds as defined in section
 265.01-a of the penal law; OR
 S. 2282--A                          5
 
   (x) the person is eighteen years of age or older and  charged  with  a
 hate crime as defined in section 485.05 of the penal law[; or
   (xi)  the offense is a qualifying offense pursuant to paragraph (t) of
 subdivision four of section 510.10 of this chapter, or pursuant to para-
 graph (t) of subdivision four of section 530.40 of this chapter].
   § 9. Subdivision 1 of section 530.20 of the criminal procedure law, as
 amended by section 16 of part JJJ of chapter 59 of  the  laws  of  2019,
 paragraph  (a)  and the opening paragraph of paragraph (b) as amended by
 section 6 of subpart A of part VV of chapter 56 of  the  laws  of  2023,
 paragraph  (b)  as  amended by section 3 of part UU of chapter 56 of the
 laws of 2020, subparagraphs (xix) and (xx) of paragraph (b)  as  amended
 and subparagraph (xxi) of paragraph (b) as added by section 4 of subpart
 C  of  part  UU of chapter 56 of the laws of 2022, is amended to read as
 follows:
   1. (a) [In cases other than as described  in  paragraph  (b)  of  this
 subdivision, the] THE court shall COMMIT THE PRINCIPAL TO THE CUSTODY OF
 THE  SHERIFF, FIX BAIL, release the principal pending trial on the prin-
 cipal's own recognizance or release the principal  pending  trial  under
 non-monetary  conditions,  the  determination for which shall be made in
 accordance with subdivision one of section 510.10  of  this  title.  The
 court shall explain the basis for its determination and choice of secur-
 ing order on the record or in writing.
   (b) [Where the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail,  order  non-monetary conditions in
 conjunction with fixing bail, or, where the defendant is charged with  a
 qualifying offense which is a felony, the court may commit the principal
 to  the  custody  of  the sheriff. The court shall explain its choice of
 securing order on the record or in writing. A principal  stands  charged
 with a qualifying offense when he or she stands charged with:
   (i)  a felony enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling;
   (ii) a crime involving witness intimidation under  section  215.15  of
 the penal law;
   (iii) a crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (iv)  a  class  A  felony defined in the penal law, provided, that for
 class A felonies under article two hundred  twenty  of  such  law,  only
 class A-I felonies shall be a qualifying offense;
   (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law or a crime involving incest  as  defined  in  section  255.25,
 255.26  or  255.27  of such law, or a misdemeanor defined in article one
 hundred thirty of such law;
   (vi) conspiracy in the second degree as defined in section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (vii)  money laundering in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 S. 2282--A                          6

 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (viii)  criminal  contempt in the second degree as defined in subdivi-
 sion three of section 215.50 of the penal law, criminal contempt in  the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of  the  penal law or aggravated criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article;
   (ix)  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (x) any crime that is alleged to have  caused  the  death  of  another
 person;
   (xi) criminal obstruction of breathing or blood circulation as defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this article;
   (xii)  aggravated  vehicular assault as defined in section 120.04-a of
 the penal law or vehicular assault in the first  degree  as  defined  in
 section 120.04 of the penal law;
   (xiii) assault in the third degree as defined in section 120.00 of the
 penal  law  or arson in the third degree as defined in section 150.10 of
 the penal law, when such crime is charged as a hate crime as defined  in
 section 485.05 of the penal law;
   (xiv)  aggravated  assault upon a person less than eleven years old as
 defined in section 120.12 of the penal law or criminal possession  of  a
 weapon  on  school  grounds  as defined in section 265.01-a of the penal
 law;
   (xv) grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (xvi) failure to register as a sex offender pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
 S. 2282--A                          7

   (xvii) a crime involving bail jumping under section 215.55, 215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (xviii)  any felony offense committed by the principal while serving a
 sentence of probation or while released to post release supervision;
   (xix) a felony, where the defendant qualifies for sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law;
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, provided, however, that the prosecutor must show reasonable
 cause to believe that the defendant committed the instant crime and  any
 underlying  crime.  For  the  purposes  of this subparagraph, any of the
 underlying crimes need not be a qualifying offense as  defined  in  this
 subdivision.  For  the purposes of this paragraph, "harm to an identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the accusatory instrument, if the court determines that  such  theft  is
 negligible  and  does  not appear to be in furtherance of other criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; or
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as defined in section 265.16 of the penal law.
   (d)] Notwithstanding the provisions of [paragraphs] PARAGRAPH (a) [and
 (b)]  of  this subdivision, with respect to any charge for which bail or
 remand is not ordered, and for which the court would not  or  could  not
 otherwise  require bail or remand, a defendant may, at any time, request
 that the court set bail in a nominal amount requested by  the  defendant
 in  the  form  specified  in paragraph (a) of subdivision one of section
 520.10 of this title; if the court is  satisfied  that  the  request  is
 voluntary, the court shall set such bail in such amount.
   §  10.  Section  530.20  of  the  criminal procedure law is amended by
 adding two new subdivisions 3 and 4 to read as follows:
   3. WHERE A PRINCIPAL IS ARRESTED ON A NEW OFFENSE OF A FELONY OR CLASS
 A MISDEMEANOR WHICH WAS COMMITTED AFTER BEING RELEASED PENDING TRIAL, OR
 BEING ISSUED AN APPEARANCE TICKET, SUCH PRINCIPAL SHALL BE COMMITTED  TO
 THE  CUSTODY  OF THE SHERIFF UNTIL APPEARING BEFORE A JUDGE FOR ARRAIGN-
 MENT. UPON ARRAIGNMENT, THE COURT SHALL  REMAND  THE  PRINCIPAL  TO  THE
 CUSTODY  OF  THE SHERIFF UNLESS AND UNTIL THE JUDGE, AFTER REVIEWING ALL
 RELEVANT INFORMATION, INCLUDING THE RISK ASSESSMENT  INSTRUMENT  CREATED
 PURSUANT  TO SECTION 510.16 OF THIS TITLE, DETERMINES THAT THE RISK THAT
 THE PRINCIPAL WILL REOFFEND HAS BEEN MITIGATED WITH  APPROPRIATE  CONDI-
 TIONS  OF  RELEASE.  SHOULD THE COURT DETERMINE THAT SUCH RISK CANNOT BE
 MITIGATED WITH ANY REASONABLE CONDITIONS OF  RELEASE,  THE  COURT  SHALL
 ORDER THAT THE PRINCIPAL REMAIN IN THE CUSTODY OF THE SHERIFF DURING THE
 PENDENCY OF THE PROCEEDING.
   4.  NOTHING  IN  THIS  SECTION SHALL PROHIBIT THE COURT FROM DIRECTING
 THAT A DEFENDANT WHO PRESENTS AN IMMEDIATE RISK OF SERIOUS HARM TO THEM-
 SELF OR OTHERS BE TRANSPORTED TO A HOSPITAL FOR A PSYCHIATRIC ASSESSMENT
 S. 2282--A                          8
 
 AND APPROPRIATE TREATMENT  PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION
 THREE-C OF SECTION 500.10 OF THIS TITLE.
   § 11. Subdivision 4 of section 530.40 of the criminal procedure law is
 REPEALED and two new subdivisions 4 and 8 are added to read as follows:
   4. WHERE A PRINCIPAL IS ARRESTED ON A NEW OFFENSE OF A FELONY OR CLASS
 A MISDEMEANOR WHICH WAS COMMITTED AFTER BEING RELEASED PENDING TRIAL, OR
 BEING  ISSUED AN APPEARANCE TICKET, SUCH PRINCIPAL SHALL BE COMMITTED TO
 THE CUSTODY OF THE SHERIFF UNTIL APPEARING BEFORE A JUDGE  FOR  ARRAIGN-
 MENT.  UPON  ARRAIGNMENT,  THE  COURT  SHALL REMAND THE PRINCIPAL TO THE
 CUSTODY OF THE SHERIFF UNLESS AND UNTIL THE JUDGE, AFTER  REVIEWING  ALL
 RELEVANT  INFORMATION,  INCLUDING THE RISK ASSESSMENT INSTRUMENT CREATED
 PURSUANT TO SECTION 510.16 OF THIS TITLE, DETERMINES THAT THE RISK  THAT
 THE  PRINCIPAL  WILL REOFFEND HAS BEEN MITIGATED WITH APPROPRIATE CONDI-
 TIONS OF RELEASE. SHOULD THE COURT DETERMINE THAT SUCH  RISK  CANNOT  BE
 MITIGATED  WITH  ANY  REASONABLE  CONDITIONS OF RELEASE, THE COURT SHALL
 ORDER THAT THE PRINCIPAL REMAIN IN THE CUSTODY OF THE SHERIFF DURING THE
 PENDENCY OF THE PROCEEDING.
   8. NOTHING IN THIS SECTION SHALL PROHIBIT  THE  COURT  FROM  DIRECTING
 THAT A DEFENDANT WHO PRESENTS AN IMMEDIATE RISK OF SERIOUS HARM TO THEM-
 SELF OR OTHERS BE TRANSPORTED TO A HOSPITAL FOR A PSYCHIATRIC ASSESSMENT
 AND  APPROPRIATE  TREATMENT  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION
 THREE-C OF SECTION 500.10 OF THIS TITLE.
   § 12. Subdivisions 2, 5, 6 and 7 of section  530.40  of  the  criminal
 procedure  law,  subdivision  5  as added and subdivisions 2, 6 and 7 as
 amended by section 18 of part JJJ of chapter 59 of the laws of 2019, are
 amended to read as follows:
   2. [When the defendant is charged with a felony, the] THE court  may[,
 unless otherwise provided by law in its discretion,] order recognizance,
 release  under  non-monetary conditions or, [where authorized,] bail. In
 any such case in which an indictment (a) has resulted from an order of a
 local criminal court holding the defendant for the action of  the  grand
 jury,  or  (b)  was filed at a time when a felony complaint charging the
 same conduct was pending in a local criminal court, and  in  which  such
 local  criminal  court  or a superior court judge has issued an order of
 recognizance, release under non-monetary conditions  or,  where  author-
 ized,  bail  which is still effective, the superior court's order may be
 in the form of a direction continuing the effectiveness of the  previous
 order.
   5.  Notwithstanding the provisions of [subdivisions] SUBDIVISION three
 [and four] of this section, with respect to any charge for which bail or
 remand is not ordered, and for which the court would not  or  could  not
 otherwise  require bail or remand, a defendant may, at any time, request
 that the court set bail in a nominal amount requested by  the  defendant
 in  the  form  specified  in paragraph (a) of subdivision one of section
 520.10 of this title; if the court is  satisfied  that  the  request  is
 voluntary, the court shall set such bail in such amount.
   6.  Notwithstanding  the  provisions  of subdivisions two[,] AND three
 [and four] of this section, a superior court may not order recognizance,
 release under non-monetary conditions or,  where  authorized,  bail,  or
 permit  a  defendant to remain at liberty pursuant to an existing order,
 after the defendant has been convicted of either: (a) a class  A  felony
 or  (b)  any class B or class C felony as defined in article one hundred
 thirty of the penal law committed or attempted  to  be  committed  by  a
 person  eighteen  years of age or older against a person less than eigh-
 teen years of age. In either case the court must commit  or  remand  the
 defendant to the custody of the sheriff.
 S. 2282--A                          9
 
   7.  Notwithstanding  the  provisions  of subdivisions two[,] AND three
 [and four] of this section, a superior court may not order recognizance,
 release under non-monetary conditions or, where  authorized,  bail  when
 the  defendant  is  charged  with a felony unless and until the district
 attorney has had an opportunity to be heard in the matter and such court
 and  counsel  for  the  defendant  have  been furnished with a report as
 described in subparagraph (ii) of paragraph (b) of  subdivision  two  of
 section 530.20 of this article.
   §  13. This act shall take effect immediately; provided, however, that
 the provisions of sections four, five, six,  seven,  eight,  nine,  ten,
 eleven and twelve of this act shall take effect on the one hundred twen-
 tieth day after it shall have become a law.

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Senate Bill S2282A

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