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Senate bill · S2282 (2025-26)

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

Latest action May 18, 2026

New York State Senate

Same as A9684, the matching bill in the Assembly.

Sponsor

Pamela Helming

State Senator, District 54 · Republican/Conservative/Independence

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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.

Summary from NY Open Legislation. How we handle summaries

Amends the Executive Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 31, 2026. About our data

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Purpose, from the sponsor's memo

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.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Assigned to a committee for review.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Codes · New York State Assembly

Also referred to Codes · New York State Senate.

The sponsor's argument

Why Pamela Helming says this is needed

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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Committee vote · Codes

    Senate CodesMay 18, 2026Result: failed

    (5) (8) (0) (0)
  • Vote: Committee vote · Codes

    Senate CodesMay 5, 2025Result: failed

    (5) (8) (0) (0)

Full history

  1. May 18, 2026

    Defeated in Codes

    DEFEATED IN CODES

    NY Senate

  2. Mar 16, 2026

    In committee

    NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

    NY Senate

  3. Jan 21, 2026

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  4. Jan 7, 2026

    Referred to committee

    REFERRED TO CODES

    NY Senate

  5. Sep 8, 2025

    Enacting Clause Stricken

    ENACTING CLAUSE STRICKEN

    NY Assembly

Show full history (5 earlier events)
  1. May 5, 2025

    Defeated in Codes

    DEFEATED IN CODES

    NY Senate

  2. Mar 18, 2025

    Referred to committee

    REFERRED TO CODES

    NY Assembly

  3. Mar 17, 2025

    In committee

    NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

    NY Senate

  4. Jan 23, 2025

    Amend and Recommit to Codes

    AMEND AND RECOMMIT TO CODES

    NY Senate

  5. Jan 16, 2025

    Referred to committee

    REFERRED TO CODES

    NY Senate