NEW YORK — The New York Unified Court System has adopted new regulations requiring judges serving in criminal and family courts to visit a prison, jail or other detention facility at least once a year beginning Jan. 1, 2028, a first-in-the-nation requirement intended to give judges firsthand insight into the realities of incarceration before making decisions involving detention or sentencing.
The decision, part of amendments to the Rules of the Chief Judge that were approved by the judicial panel, is aimed at giving judges direct experience with correctional facilities and the living conditions of incarcerated people. Court officials explained that the requirement is intended to provide judges with additional information when deciding matters related to incarceration or detention.
The new rule applies to judges handling criminal and family court cases and will require them to participate in an in-depth tour of a correctional facility each year. The visits may include the intake department, housing units, educational and vocational programs, health and mental health services, visitation areas and other aspects of the daily operation of correctional institutions. As part of their visits, judges also may interact with correctional officers, staff, administrators and incarcerated people.
The introduction of the rule marks a significant departure from previous practice. According to reports on the rule changes, New York is set to become the first state in the nation to require annual judicial visits to correctional facilities for judges who make sentencing or detention decisions. This contrasts with prior regulations that required such visits only occasionally, while the new rule establishes them as an annual duty beginning in 2028.
Supporters of the rule said firsthand observation of correctional facilities gives judges a broader understanding of the environments in which people serve their sentences. Fair and Just Prosecution, a national organization that works with elected prosecutors, submitted comments supporting the rule before its approval.
“Judges make many decisions that have a deep and lasting impact on people’s lives, and those decisions should not be made without a clear understanding of what incarceration really means,” said Aramis Donell Ayala, executive director of Fair and Just Prosecution. She said requiring judges to visit correctional facilities is one way to provide them with greater exposure to the effects of incarceration and the realities faced by people living in those facilities.
The organization said visits to correctional facilities help promote transparency and may serve as a tool for discussions about rehabilitation and correctional practices. According to Fair and Just Prosecution, the rule is consistent with other initiatives encouraging prosecutors and justice system officials to visit correctional institutions as part of their professional responsibilities. The group also noted that 65 elected prosecutors from across the country have signed a pledge committing them to prison visits.
The proposal also prompted debate among legal professionals and members of the public. Some defense attorneys and criminal justice advocates argued that judges, who make decisions that can result in incarceration, should see the conditions inside correctional facilities to better understand the consequences of those decisions. They contend that exposure to correctional facilities provides a deeper understanding of the real-world effects of judicial rulings.
Others questioned whether the requirement places too much emphasis on correctional facilities without providing judges with similar opportunities to observe the experiences of crime victims. Some critics argued that judicial education should be expanded to include firsthand interaction with victims and greater insight into the lasting effects of crime on families and communities.
According to the New York Unified Court System, the rule is intended to improve communication between the courts and correctional facilities while giving judges a more comprehensive understanding of incarceration. The rule is not intended to change sentencing laws or limit judicial discretion. Instead, it introduces an educational component for judges whose rulings can result in incarceration or detention.
The New York State Department of Corrections and Community Supervision already has procedures allowing visits by officials, attorneys and family members. Under the new rule, annual judicial visits will be recognized as official access.
The rule is scheduled to take effect Jan. 1, 2028. As a result, New York will become the first state to require judges in criminal and family courts to visit correctional facilities annually. The requirement is part of the judiciary’s effort to maintain existing legal standards and sentencing authority while incorporating direct observation of correctional facilities into judicial education.
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