New Rule for Judges to Visit Jails Announced

In a significant change, judges in both criminal and family courts across every state will soon be required to visit jails at least once a year. This marks a notable shift in the approach towards sentencing, being described as the first convict-friendly measure in the U.S.

The new guidelines, revealed by state court officials this week, have drawn mixed reactions. While some judicial advocates view them as a step forward, others criticize them as further evidence that New York City prioritizes the rights of criminals over the needs of victims.

“What about the victims?” expressed Ramon Acevedo, who was nearly beaten to death with a hammer in a 2020 assault during the peak of the coronavirus pandemic at a Chelsea supermarket. His passion was palpable as he questioned the focus of the judicial system.

Acevedo, now 70, pondered, “Doesn’t the judge need to see the harm inflicted on both the victim and their family? How was I treated? I’m just thankful to still be here.” He added that it’s not the judge’s responsibility to look after prisoners—emphasizing that the perpetrator received just two years in jail.

This new requirement is set to take effect on January 1, 2028, impacting a large number of judges.

Chief Justice Rowan Wilson noted that this measure is intended to provide judges with a clearer picture of life after sentencing. He explained that firsthand experience of prison conditions would help in understanding the broader implications of incarceration on individuals, families, and communities.

Wilson further stated, “The revised rules underscore that judges are not just distant figures but active participants in ensuring justice, making decisions grounded in reality.”

This update replaces a rule from the 1970s that only mandated judges to visit correctional facilities every four years. Michael Mashulin, a professor emeritus at Pace University School of Law and a key advocate for the new rule, stressed its potential to enhance decision-making and increase transparency within the justice system.

Yet, the new policy has sparked backlash from representatives of local businesses and community leaders. Francisco Marte, president of the Association of Bodegas and Small Businesses, voiced frustrations about law enforcement focusing on violent offenders rather than protecting law-abiding citizens.

He recounted the incident involving Jose Alba, a bodega worker who fatally stabbed a customer in self-defense. Although the charges were ultimately dropped, Marte noted that the incident left lasting scars on Alba, who had to leave the city.

Marte argued that the requirement for judges to assess facilities like Rikers Island promotes a criminal-friendly atmosphere. Under these new provisions, judicial visits to prisons will include comprehensive monitoring of various aspects, such as intake, housing, and medical services.

Judges will also interact with inmates and facility staff. These amendments followed the recommendations of the Administrative Office of the Courts’ Advisory Committee on Criminal Law and Procedure, led by Judge Daniel Konvisor and Judge Mashulin.

The proposal gained approval from the Court Administration Committee, which includes Chief Justice Wilson and four presiding judges from the Appellate Division of the New York State Supreme Court, and was further ratified by the state Court of Appeals.

The rules will apply not only to judges dealing with criminal cases but also to family court judges visiting facilities that house juvenile offenders.