The judicial landscape in New York is set for a significant transformation. Starting January 1, 2028, all judges in the state’s criminal and family courts responsible for sentencing will be required to visit at least one jail, prison, or detention facility annually. This initiative, announced by the state’s Office of Court Administration, aims to provide judges with a deeper understanding of the consequences of their sentencing decisions.
The move has garnered widespread support from the state’s judicial community, legal scholars, and attorneys. Court of Appeals Chief Judge Rowan Wilson emphasized the importance of this initiative in keeping judges connected to the realities of incarceration. “The revised rule embodies the principle that judges are not distant arbiters but engaged stewards of justice, whose thoughtful determinations are grounded in reality,” Wilson stated. “Justice may be depicted as blind, but should not blind itself to reality.”
Understanding the Impact of Incarceration
New York is the first state in the nation to mandate such visits for all trial court judges who make sentencing or detention decisions. The visits will include comprehensive tours of various prison facilities, including intake areas, housing units, educational and recreational spaces, visitation areas, dining halls, and medical and mental health facilities. Judges will also have the opportunity to meet with incarcerated individuals, employees, administrators, and service providers.
“This will deepen a judge’s firsthand understanding of prison conditions and the broad impact of incarceration on individuals, families, and communities,” Wilson explained. “By doing so, it promotes confidence in the judiciary, not merely in those who are incarcerated or their families, but also in the public at large.”
The Role of Empathy in Criminal Justice
Research has shown that engaging with incarcerated people can increase empathy and improve the criminal justice system. The court system conducted extensive studies through its Advisory Committee on Criminal Law and Procedure, led by Committee Chair Judge Daniel Conviser and Committee member Michael Mushlin, a professor at Pace Law School. These studies highlighted the need for judges to have a more intimate understanding of the day-to-day realities of incarceration.
“Regular, structured prison visits are vital in equipping judges with greater insight into the day-to-day reality of being incarcerated,” Conviser said. “The evolved approach mandated by this new rule will serve to foster empathy, increase visibility, and support reform and improvement of the “
Preparing for Implementation
The court system will spend the next 18 months establishing an advisory task force comprising trial court judges, judicial associations, court administrators, correctional and detention facility representatives, and incarceration rights experts. This task force will create a new judicial education program and address the logistical aspects of the initiative. The goal is to ensure that judges have a meaningful and educational experience during their visits.
This groundbreaking initiative is poised to set a new standard for the judicial system, not only in New York but potentially across the nation. By fostering a deeper understanding of the impact of incarceration, the hope is to promote more informed and compassionate sentencing decisions.
