MP Roseburg on prison releases: Unpopular decisions, necessary choices in times of crisis

GREAT BAY--MP Sjamira Roseburg n Wednesday said that the recent unrest at the Point Blanche prison has made one fact undeniable: violent suspects in pre-trial detention are being released back onto the streets, awaiting their trial outside prison walls, simply because there is no space. "This is a crisis. And in a crisis, leadership requires making difficult, sometimes unpopular, but ultimately necessary decisions."

"Everyone in the justice chain has a role. The Prosecutor’s Office decides on pre-trial detention. The courts issue sentences. But when prisons are full, Article 1:37 of the Penal Code of Sint Maarten gives the Minister of Justice both the authority and the legal discretion to act. This means that in exceptional circumstances, the Minister can allow for early release even before the usual two-thirds of a sentence is served, as a temporary measure to tackle the overcrowding crisis, as long as the decision is properly motivated and explained as a necessary, time-bound action. This is exactly the purpose and spirit behind Article 1:37: to provide legal flexibility in situations where desperate measures are required," she explained.

She added that the reality is clear: more space needs to be created. "You cannot operate with only ten spaces available for pre-trial detention. Nobody wants to hear it, and nobody wants to say it, but this is the truth. The only way to create room is to release prisoners who are closest to completing their sentence, even if that is earlier than normally allowed. There is no other option available."

The MP then asked what she called the key question is: Who do we let go? "Do we continue releasing violent suspects in pre-trial detention, sending them back into society after just a few days or weeks? Or do we make structured, motivated use of Article 1:37, allowing for conditional early release of those who have already served a significant portion of their sentence, even if it is less than two-thirds?"

She further explained that there are practical options available. She said the Minister can apply strict reporting duties, electronic monitoring with an ankle bracelet, or house arrest. These alternatives are not perfect, but they are far safer than releasing violent suspects who are still awaiting trial. "In a crisis, creativity is not a luxury, it is a necessity."

"Criminology supports this approach. As Professor Daniel S. Nagin concluded: “The certainty of being apprehended, not the severity of punishment, is the most effective deterrent.” Whether a prisoner serves 10 years or 12 years makes little difference to deterrence. But releasing violent suspects after just 10 days makes all the difference in public safety and trust."

she continued: "This is exactly why Parliament, in June 2025, passed motions calling for a transparent and structured policy on managing prison overcrowding. In the most recent meeting, the Minister of Justice confirmed that this policy, incorporating those motions, will soon be finalized. That clarity will ensure that decisions taken in times of crisis are motivated, lawful, and consistent."

Until then, she stressed, the difficult choices cannot be avoided. She said that as long as they are explained as crisis measures and grounded in Article 1:37, these decisions are both justified and necessary. "The people of St. Maarten deserve a justice system that remains credible and consistent, even under the most difficult circumstances. With clarity, creativity, and courage, that goal is within reach," the MP concluded.

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