Ankle bracelets are not a Get Out of Jail Free Card - Here's what you need to know

GREAT BAY--The Ministry of Justice on Thursday, for the umpteenth time, is setting the record straight about electronic monitoring because there’s been a lot of talk lately that’s just plain wrong. The Ministry, by nature, tends to get a little technical at times, so allow us to relay the info a little differently.

𝐅𝐢𝐫𝐬𝐭 𝐨𝐟𝐟, 𝐞𝐚𝐫𝐥𝐲 𝐫𝐞𝐥𝐞𝐚𝐬𝐞 𝐢𝐬𝐧’𝐭 𝐬𝐨𝐦𝐞 𝐧𝐞𝐰 𝐥𝐨𝐨𝐩𝐡𝐨𝐥𝐞

It’s been part of our legal system for a long time. According to Article 1:31 of the Criminal Code, someone can be considered for early release after they’ve served two-thirds of their sentence. In some special situations, like if the prison is too full, that can happen a bit earlier (around 60%) under Article 1:37. But even then, it’s not just a matter of pushing a button and letting people walk free.

The Minister of Justice can’t just sign off on these releases. Every case has to be reviewed properly, with written advice from the Conditional Release Board (CCR), input from the prison director, and guidance from the probation office. No shortcuts. No favoritism. No freebies.

The Ministry is looking into whether the early release percentage can be tweaked to help ease the pressure on cell space, but nothing can happen overnight. Any changes have to go through the proper legal channels and involve all the key players, like the Prosecutor’s Office, before anything is decided.

𝐍𝐨𝐰 𝐚𝐛𝐨𝐮𝐭 𝐭𝐡𝐨𝐬𝐞 𝐚𝐧𝐤𝐥𝐞 𝐛𝐫𝐚𝐜𝐞𝐥𝐞𝐭𝐬

Electronic Monitoring, yes, the ankle bracelet system, is not a substitute for jail. It’s a legal tool used in very specific situations. And it’s not cheap either. Each person being monitored costs the country around US$254 a month, not including the staff and tech needed to make it work. Because of that, EM is used carefully and only when the law allows for it (Article 1:32 of the Penal Code).

Ankle bracelets aren’t an automatic option. They’re for people who’ve been assessed and approved under strict rules. It’s not like ordering takeout, there are no “to-go” sentences in St. Maarten’s justice system.

𝐇𝐞𝐫𝐞’𝐬 𝐭𝐡𝐞 𝐤𝐢𝐜𝐤𝐞𝐫: E𝐚𝐫𝐥𝐲 𝐫𝐞𝐥𝐞𝐚𝐬𝐞 𝐚𝐧𝐝 𝐄𝐌 𝐝𝐨𝐧’𝐭 𝐦𝐚𝐠𝐢𝐜𝐚𝐥𝐥𝐲 𝐦𝐚𝐤𝐞 𝐫𝐨𝐨𝐦 𝐢𝐧 𝐩𝐫𝐢𝐬𝐨𝐧

Even when someone is on early release or being monitored from home, a prison cell still needs to be kept available. Why? Because if they break the rules, they’re coming right back in, and we need a space ready for that. So no, these programs don’t “free up space” the way some folks seem to think.

Even with early release in play, there are still plenty of people sitting on a waiting list just to get into jail because we’ve been short on cells for years. Letting folks out early doesn’t magically fix that problem.

𝐁𝐨𝐭𝐭𝐨𝐦 𝐥𝐢𝐧𝐞: 𝐭𝐡𝐞 𝐥𝐚𝐰 𝐢𝐬 𝐭𝐡𝐞 𝐥𝐚𝐰

The European Court of Human Rights and the Dutch Supreme Court have said it clearly, governments can’t make up their own rules when it comes to prison time. Everything must have a solid legal foundation. That’s how justice stays fair and consistent.

Yes, the system has challenges, especially when it comes to space. That’s why the Ministry of Justice is moving forward with building a new prison, set to break ground in October 2025 in partnership with the United Nations Office for Project Services (UNOPS). It’ll more than double our detention capacity and give us the room we need to run rehabilitation programs properly and safely.

So let’s stop the rumors. Early release and ankle bracelets are legal tools, used carefully and under strict watch, not quick fixes or soft options.

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